HR 357 IH
106th CONGRESS
1st Session
H. R. 357
To prevent violence against women, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 19, 1999
Mr. CONYERS (for himself, Mrs. MORELLA, Ms. ROYBAL-ALLARD, Mr. ABERCROMBIE,
Mr. ACKERMAN, Mr. ALLEN, Mr. ANDREWS, Mr. BALDACCI, Ms. BALDWIN, Mr. BARRETT of
Wisconsin, Mr. BISHOP, Mr. BLAGOJEVICH, Mr. BLUMENAUER, Ms. BROWN of Florida,
Mr. BROWN of California, Mr. BOUCHER, Mr. CAPUANO, Ms. CARSON, Mrs. CLAYTON, Mr.
CLEMENT, Mr. COSTELLO, Mr. CRAMER, Mr. CUMMINGS, Ms. DEGETTE, Ms. DELAURO, Mr.
DELAHUNT, Mr. DEUTSCH, Mr. EVANS, Mr. FARR of California, Mr. FILNER, Mr. FOLEY,
Mr. FORD, Mr. GEJDENSON, Mr. GEPHARDT, Mr. GILMAN, Mr. GONZALEZ, Mr. GREEN of
Texas, Mr. HINCHEY, Mr. HINOJOSA, Ms. JACKSON-LEE of Texas, Mr. JEFFERSON, Ms.
EDDIE BERNICE JOHNSON of Texas, Mr. KENNEDY of Rhode Island, Ms. KILPATRICK, Mr.
LANTOS, Mr. LEACH, Mr. LEWIS of Georgia, Ms. LOFGREN, Mrs. LOWEY, Mrs. MCCARTHY
of New York, Mr. MCDERMOTT, Mrs. MALONEY of New York, Mr. MARKEY, Mr. MEEHAN,
Mrs. MEEK of Florida, Ms. MILLENDER-MCDONALD, Mr. GEORGE MILLER of California,
Mrs. MINK of Hawaii, Mr. MOAKLEY, Mr. MORAN of Virginia, Mr. NADLER, Mrs.
NAPOLITANO, Mr. NEAL of Massachusetts, Ms. NORTON, Mr. PALLONE, Mr. PASCRELL,
Mr. PASTOR, Mr. PAYNE, Ms. PELOSI, Mr. POMEROY, Mr. RODRIGUEZ, Mr.
ROMERO-BARCELO, Mr. RUSH, Mr. SANDERS, Mr. SANDLIN, Mr. SHERMAN, Ms. SLAUGHTER,
Mr. STARK, Mrs. THURMAN, Mr. UNDERWOOD, Mr. VENTO, Mr. VISCLOSKY, Ms. WATERS,
Mr. WAXMAN, Mr. WEINER, Mr. WEYGAND, Mr. WISE, Ms. WOOLSEY, and Mr. WYNN)
introduced the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committees on Education and the Workforce,
Ways and Means, Commerce, Banking and Financial Services, Armed Services, and
Government Reform, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To prevent violence against women, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Violence Against Women Act
of 1999'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CONTINUING THE COMMITMENT OF THE VIOLENCE AGAINST WOMEN ACT
Subtitle A--Law Enforcement and Prosecution Grants To Combat Violence
Against Women
Sec. 101. Reauthorization.
Sec. 102. Technical amendments.
Sec. 103. State coalition grants.
Subtitle B--National Domestic Violence Hotline
Sec. 111. Reauthorization.
Sec. 112. Technical amendments.
Subtitle C--Battered Women's Shelters and Services
Sec. 122. Authorization of appropriations for family violence prevention
and services.
Sec. 123. FVPSA improvements.
Subtitle D--Community Initiatives
Sec. 131. Grants for community initiatives.
Subtitle E--Education and Training for Judges and Court Personnel
Sec. 141. Reauthorization.
Subtitle F--Grants To Encourage Arrest Policies
Sec. 152. Reauthorization.
Sec. 153. Technical amendment.
Subtitle G--Rural Domestic Violence and Child Abuse Enforcement
Sec. 161. Reauthorization.
Sec. 162. Technical amendments.
Subtitle H--National Stalker and Domestic Violence Reduction
Sec. 171. Technical amendments.
Sec. 172. Reauthorization.
Subtitle I--Federal Victims' Counselors
Sec. 181. Reauthorization.
Subtitle J--Education and Prevention Grants To Reduce Sexual Abuse of
Runaway, Homeless, and Street Youth
Sec. 191. Reauthorization.
Sec. 192. Dissemination of information.
Subtitle K--Victims of Child Abuse Programs
Sec. 193. Reauthorization of court-appointed special advocate
program.
Sec. 194. Reauthorization of child abuse training programs for judicial
personnel and practitioners.
Sec. 195. Reauthorization of grants for televised testimony.
Sec. 196. Dissemination of information.
TITLE II--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN
Subtitle A--Safe Havens for Children
Sec. 212. Grants to provide for supervised visitation centers.
Subtitle B--Violence Against Women Prevention in Schools
Sec. 221. Grants for violence against women prevention in schools.
Subtitle C--Family Safety
Sec. 232. Findings and purposes.
Sec. 233. Defense to criminal custodial interference or parental
abduction charge.
Sec. 234. Full faith and credit given to child custody
determinations.
Subtitle D--Domestic Violence and Children
Sec. 241. Child custody, child abuse, and victims of domestic
violence.
Subtitle E--Child Welfare Worker Training on Domestic Violence and Sexual
Assault
Sec. 251. Child welfare worker training on domestic violence and sexual
assault.
Subtitle F--Child Abuse Accountability
Sec. 262. Amendments to Title I of the Employee Retirement Income
Security Act of 1974.
Sec. 263. Amendments to the Internal Revenue Code of 1986.
Sec. 264. Effective date.
TITLE III--SEXUAL ASSAULT PREVENTION
Subtitle A--Rape Prevention Education
Sec. 301. Transfer of rape prevention and education program.
Sec. 302. Rape prevention education.
Subtitle B--Standards, Practice, and Training for Sexual Assault
Examinations
Sec. 312. Standards, practice, and training for sexual assault forensic
examinations.
Subtitle C--Violence Against Women Training for Health Professions
Sec. 332. Establishment, for certain health professions programs, of
provisions regarding domestic violence and sexual assault.
Subtitle D--Prevention of Custodial Sexual Assault by Correctional
Staff
Sec. 343. Establishment of prevention program.
Sec. 344. Prohibited sexual conduct by correctional staff.
Sec. 345. National sexual contact hotline for prisoners.
Subtitle E--Hate Crimes Prevention
Sec. 353. Definition of hate crime.
Sec. 354. Prohibition of certain acts of violence.
Sec. 355. Duties of Federal Sentencing Commission.
Sec. 357. Authorization for additional personnel to assist State and
local law enforcement.
Subtitle F--Rescheduling and Classification of Date-Rape Drugs
Sec. 361. Reclassification of date-rape drug.
Sec. 362. Classification of date-rape drugs.
Subtitle G--Access to Safety and Advocacy for Victims of Sexual Assault
Sec. 372. Grants to improve access to the justice system.
TITLE IV--DOMESTIC VIOLENCE PREVENTION
Subtitle A--Domestic Violence and Sexual Assault Victims' Housing
Sec. 403. Authorization of appropriations.
Sec. 404. Use of amounts for housing assistance for victims of domestic
violence, stalking, or adult or child sexual assault.
Subtitle B--Full Faith and Credit for Protection Orders
Sec. 411. Full faith and credit for protection orders.
Subtitle C--Victims of Abuse Insurance Protection
Sec. 423. Discriminatory acts prohibited.
Sec. 424. Insurance protocols for subjects of abuse.
Sec. 425. Reasons for adverse actions.
Sec. 426. Life insurance.
Sec. 427. Subrogation without consent prohibited.
Sec. 429. Effective date.
Subtitle D--National Summit on Sports and Violence
Sec. 431. Sense of the Congress that a national summit of sports,
political, community, and media leaders should be promptly convened to
develop a multifaceted action plan to deter acts of violence, especially
domestic violence and sexual assault.
Subtitle E--Keeping Firearms From Intoxicated Persons
Sec. 441. Prohibition against transfer of a firearm to, and possession
of a firearm by, a person who is intoxicated.
Subtitle F--Access to Safety and Advocacy
Sec. 453. Grants to improve access to the justice system.
Sec. 456. Provision of technical assistance and training.
Sec. 457. Evaluation of access to safety and advocacy grants.
Subtitle G--Strengthening Enforcement To Reduce Violence Against Women
Sec. 461. Amendments to domestic violence and stalking offenses.
Subtitle H--Disclosure Protections
Sec. 471. Disclosure protections under the child support program.
TITLE V--VIOLENCE AGAINST WOMEN IN THE MILITARY SYSTEM
Subtitle A--Civilian Jurisdiction for Crimes of Sexual Assault and Domestic
Violence
Sec. 501. Criminal offenses committed outside the United States by
persons accompanying the Armed Forces.
Sec. 502. Records of military justice actions.
Subtitle B--Transitional Compensation for Abused Dependents of Members of
the Armed Forces
Sec. 511. Transitional compensation.
Subtitle C--Confidentiality of Records
Sec. 521. Confidentiality of records.
TITLE VI--PREVENTING VIOLENCE AGAINST WOMEN IN TRADITIONALLY UNDERSERVED
COMMUNITIES
Subtitle A--Older Women's Protection From Violence
Chapter 1--Violence Against Women Act of 1994
Sec. 603. Elder abuse, neglect, and exploitation.
Chapter 2--Family Violence Prevention and Services Act
Sec. 605. Domestic violence services for older individuals.
Sec. 606. Demonstration grants for community initiatives.
Chapter 3--Older Americans Act of 1965
Sec. 608. Research about the sexual assault of women who are older
individuals.
Sec. 609. State long-term care ombudsman program.
Sec. 610. Training for health professionals, and other providers of
services to older individuals, on screening for elder abuse, neglect, and
exploitation.
Sec. 611. Domestic violence shelters and programs for older
individuals.
Sec. 612. Authorization of appropriations.
Sec. 613. Community initiatives and outreach.
Chapter 4--Public Health Service Act
Sec. 615. Establishment, for certain health professions programs, of
provisions regarding identification and referral for elder abuse and
neglect.
Sec. 616. Area health education centers.
Sec. 617. Geriatric centers and training.
Subtitle B--Protections Against Violence and Abuse for Women With
Disabilities
Sec. 622. Omnibus Crime Control and Safe Streets Act of 1968.
Sec. 623. Family Violence Prevention and Services Act.
Sec. 624. Violence Against Women Act.
Sec. 625. Training programs for social service and health
providers.
Sec. 626. Training for health professionals on screening for abuse of
women with disabilities.
Sec. 627. Research about sexual abuse and violence against women with
disabilities.
Sec. 628. Grants for technical assistance.
Subtitle C--Battered Immigrant Women
Sec. 630. Findings and purposes.
Sec. 631. VAWA Restoration Act.
Sec. 632. Remedying problems with implementation of the Violence Against
Women Act's immigration provisions.
Sec. 633. Waivers and exceptions to inadmissibility for otherwise
qualified battered immigrants.
Sec. 634. Calculation of physical presence in VAWA cancellation of
removal and suspension of deportation.
Sec. 635. Improved access to VAWA immigration protections for battered
immigrant women.
Sec. 636. Improved access to VAWA cancellation of removal.
Sec. 637. Good moral character determinations.
Sec. 638. Battered Immigrant Women's Economic Security Act.
Sec. 639. Access to Legal Services Corporation funds.
Sec. 640. Violence Against Women Act training for INS officers,
immigration judges, and civil and criminal court justice system
personnel.
Sec. 641. Protection for certain victims of crimes against women.
Subtitle D--Conforming Amendments to the Violence Against Women Act
Sec. 651. Law enforcement and prosecution grants.
Sec. 652. Family Violence Prevention and Services Act.
TITLE VII--VIOLENCE AGAINST WOMEN AND THE WORKPLACE
Subtitle A--National Clearinghouse on Domestic Violence and Sexual Assault
and the Workplace Grant
Sec. 711. National Clearinghouse on Domestic Violence and Sexual Assault
and the Workplace grant.
Subtitle B--Victims' Employment Rights
Sec. 724. Prohibited discriminatory acts.
Sec. 726. Attorney's fees.
Subtitle C--Workplace Violence Against Women Prevention Tax Credit
Sec. 732. Credit for costs to employers of implementing workplace safety
programs to combat violence against women.
Subtitle D--Battered Women's Employment Protection
Sec. 743. Unemployment compensation.
Sec. 744. Entitlement to leave for addressing domestic violence for
non-Federal employees.
Sec. 745. Entitlement to leave for addressing domestic violence for
Federal employees.
Sec. 746. Existing leave usable for domestic violence.
Sec. 747. Effect on other laws and employment benefits.
Sec. 748. Effective date.
Subtitle E--Education and Training Grants To Promote Responses to Violence
Against Women
Sec. 751. Education and Training Grants To Promote Appropriate Responses
to Violence Against Women.
Subtitle F--Workers' Compensation
Sec. 761. Sense of Congress regarding workplace violence against women
and workers' compensation.
TITLE VIII--VIOLENCE AGAINST WOMEN INTERVENTION, PREVENTION, AND EDUCATION
RESEARCH
Sec. 801. Violence against women intervention, prevention, and education
research.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) DOMESTIC VIOLENCE- The term `domestic violence' includes acts or
threats of violence, not including acts of self-defense, committed by a
current or former spouse of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabiting with or has
cohabited with the victim, by a person who is or has been in a continuing
social relationship of a romantic or intimate nature with the victim, by a
person similarly situated to a spouse of the victim under the domestic or
family violence laws of the jurisdiction, or by any other person against a
victim who is protected from that person's acts under the domestic or family
violence laws of the jurisdiction.
(2) INDIAN COUNTRY- The term `Indian country' has the same meaning as is
given such term by section 1151 of title 18, United States Code.
(3) SEXUAL ASSAULT- The term `sexual assault' means any conduct
proscribed by chapter 109A of title 18, United States Code, whether or not
the conduct occurs in the special maritime and territorial jurisdiction of
the United States or in a Federal prison and includes both assaults
committed by offenders who are strangers to the victim and assaults
committed by offenders who are known to the victim or related by blood or
marriage to the victim.
(4) STALKING- The term `stalking' means engaging in a course of conduct
directed at a specific person that would cause a reasonable person to fear
death, sexual assault, or bodily injury to such person or a member of such
person's immediate family, when the person engaging in such conduct has
knowledge or should have knowledge that the specific person will be placed
in reasonable fear of death, sexual assault, or bodily injury to such person
or a member of such person's immediate family and when the conduct induces
fear in the specific person of death, sexual assault, or bodily injury to
such person or a member of such person's immediate family.
TITLE I--CONTINUING THE COMMITMENT OF THE VIOLENCE AGAINST WOMEN
ACT
Subtitle A--Law Enforcement and Prosecution Grants To Combat Violence
Against Women
SEC. 101. REAUTHORIZATION.
Section 1001(a)(18) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793(a)(18)) is amended--
(1) by striking `and' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F) and inserting
`; and'; and
(3) by inserting after subparagraph (F) the following:
`(G) $185,000,000 for fiscal year 2001;
`(H) $185,000,000 for fiscal year 2002;
`(I) $185,000,000 for fiscal year 2003; and
`(J) $195,000,000 for fiscal year 2004.'.
SEC. 102. TECHNICAL AMENDMENTS.
(a) Section 2002(c)(3) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg-1(c)(3)) is amended to read as follows:
`(3) up to 20 percent to be allocated to law enforcement, up to 20
percent to prosecution grants, at least 35 percent to victims' services, and
at least 10 percent to State court systems; and'.
(b) Section 2002(e) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg-1(e)) is amended by adding at the end the following new
paragraph:
`(3) REALLOTMENT OF FUNDS-
`(A) If, at the end of the 9th month of any fiscal year for which
funds are appropriated under section 1001(a)(18), the amounts made
available are unspent or unobligated, such unspent or unobligated funds
shall be reallotted to the current fiscal year recipients in the victim
services area pursuant to section 2002(c)(3)) proportionate to their
original allotment for the current fiscal year.
`(B) For the first 2 fiscal years following the date of the enactment
of the Violence Against Women Act of 1999, the Attorney General may waive
the qualification requirements of section 2002(c), at the request of the
State and with the support of law enforcement, prosecution, and victims'
services grantees currently
funded under this section, if the reallocation of funds among law
enforcement, prosecution, victims' services and State court systems mandated by
this Act adversely impacts victims of sexual assault, domestic violence, and
stalking, due to the reduction of funds to programs and services funded under
this section in the prior fiscal year.'.
(c) Section 2001(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg(b)) is amended--
(1) by striking `and' at the end of paragraph (6); and
(2) by redesignating paragraph (7) as paragraph (10) and by inserting
after paragraph (6) the following new paragraphs:
`(7) developing, enlarging, or strengthening State court programs,
including training for State, local, and tribal judges and court personnel,
addressing violent crimes against women, including sexual assault, domestic
violence, and stalking;
`(8) training of sexual assault forensic nurse examiners in the
collection and preservation of evidence, analysis, prevention, and providing
expert testimony and treatment of trauma related to sexual assault;
and
`(9) supporting the development of sexual assault response teams to
strengthen the investigation of sexual assaults and coordinate services for
victims of sexual assault.'.
(d) Section 2002 of Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg-1) is amended by redesignating subsections (e), (f), (g), and
(h) as subsections (f), (g), (h), and (i), respectively, and by inserting
after subsection (d) the following:
`(e) MONITORING AND COMPLIANCE- The Attorney General shall deny
applications--
`(1) that do not meet the requirements set forth in subsections (c) and
(d); and
`(2) for failure to provide documentation, including memoranda of
understanding, contract, or other document of any collaborative efforts with
other agencies or organizations.'.
(e) Section 2003(8) of Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg-2(8)) is amended by striking `assisting domestic violence or
sexual assault victims through the legal process' and inserting `providing
advocacy and assistance for victims seeking legal, social, and health care
services', and inserting before the period the following: `, except that such
term shall not include programs or activities that are targeted primarily for
offenders'.
(f) Section 2002(b)(1) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg-1(b)(1)) is amended by striking `4 percent' and
inserting `5 percent'.
(g) Section 2005(b)(3) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg-4(b)(3)) is amended--
(1) by striking `and' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D) and inserting
`; and'; and
(3) by inserting after subparagraph (D) the following:
`(E) the reimbursement is not contingent upon the victim's report of
the sexual assault to law enforcement or upon the victim's cooperation in
the prosecution of the sexual assault.'.
(h) Section 2006(a)(1) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg-5(a)(1)) is amended by inserting `'civil or
criminal' before `protection order'.
SEC. 103. STATE COALITION GRANTS.
Section 2001 of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg) is amended by inserting after subsection (b) the following new
subsection:
`(c)(1) PURPOSE- The Attorney General shall make grants to each of the
State domestic violence and sexual assault coalitions in the State for the
purposes of coordinating State victim services activities, and collaborating
and coordinating with Federal, State, and local entities engaged in violence
against women activities. In no case will such awards preclude the State
domestic violence and sexual assault coalitions from receiving grants under
this part T to fulfill the purposes described in subsections (a) and (b).
`(2) GRANTS TO COALITIONS- Five percent of the funds appropriated for a
fiscal year under section 1001(a)(18) shall be made available for grants to
domestic violence and sexual assault coalitions for the purposes described in
paragraph (1).
`(3) GEOGRAPHICAL ALLOTMENT-
`(A) AMOUNT- The domestic violence and sexual assault coalition in each
State, the District of Columbia, the Commonwealth of Puerto Rico, and the
combined United States Territories shall each receive an amount equal to
1/54 of the amount made available under paragraph (2). The combined
United
States Territories shall not receive less than 1.5 percent of the funds made
available under paragraph (2) for each fiscal year and the tribal domestic
violence and sexual assault coalitions shall not receive less than 1.5 percent
of the funds made available under paragraph (2) for each fiscal year.
`(B) DEFINITION- For the purposes of this section, the term `combined
United States Territories' means Guam, American Samoa, the United States
Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the
Pacific Islands.
`(C) INDIANS- 1/54 of the amount appropriated shall be made available
for development and operation of nonprofit nongovernmental tribal domestic
violence and sexual assault coalitions in Indian country. The term `Indian
country' has the same meaning as is given such term by section 1151 of title
18, United States Code.
`(4) DISBURSEMENT OF GEOGRAPHICAL ALLOTMENTS- Fifty percent of the 1/54
allotted to each State, the District of Columbia, Commonwealth of Puerto Rico,
the combined United States Territories, and Indian country under paragraph (3)
shall be made available to the domestic violence coalition as defined in the
Family Violence Prevention and Services Act (42 U.S.C. 10410 et seq.) and
fifty percent shall be made available to the sexual assault coalition as
defined under the Public Health Service Act; and
`(5) COMPONENT ELIGIBILITY- In the case of combined domestic violence and
sexual assault coalitions, each component shall be deemed eligible for the
awards for sexual assault and domestic violence activities, respectively.'.
Subtitle B--National Domestic Violence Hotline
SEC. 111. REAUTHORIZATION.
Section 316(f)(1) of the Family Violence Prevention and Services Act (42
U.S.C. 10416(f)(1)) is amended to read as follows:
`(1) IN GENERAL- There are authorized to be appropriated to carry out
the purposes of this section--
`(A) $1,600,000 for fiscal year 2000;
`(B) $1,800,000 for fiscal year 2001;
`(C) $2,000,000 for fiscal year 2002;
`(D) $2,000,000 for fiscal year 2003; and
`(E) $2,000,000 for fiscal year 2004.'.
SEC. 112. TECHNICAL AMENDMENTS.
Section 316 of the Family Violence Prevention and Services Act (42 U.S.C.
10416) is amended by redesignating subsection (f) as subsection (g) and by
inserting after subsection (e) the following:
`(f) Within 90 days after the date of the enactment of the Violence
Against Women Act of 1999, all entities receiving funds pursuant to activities
under subsection (a) shall prepare and submit a report to the Secretary that
evaluates the effectiveness of the use of amounts received under such grants
by such grantee and containing such other information as the Secretary may
prescribe. The Secretary shall publish any such reports and provide at least
90 days for notice and opportunity for public comment prior to awarding or
renewing any such grants.'.
Subtitle C--Battered Women's Shelters and Services
SEC. 121. SHORT TITLE.
This subtitle may be cited as the `Battered Women's Shelters and Services
Act'.
SEC. 122. AUTHORIZATION OF APPROPRIATIONS FOR FAMILY VIOLENCE PREVENTION AND
SERVICES.
Section 310(a) of the Family Violence Prevention and Services Act (42
U.S.C. 10409(a)) is amended to read as follows:
`(a) IN GENERAL- There are authorized to be appropriated to carry out this
title--
`(1) $120,000,000 for fiscal year 2000;
`(2) $160,000,000 for fiscal year 2001;
`(3) $200,000,000 for fiscal year 2002;
`(4) $260,000,000 for fiscal year 2003; and
`(5) $260,000,000 for fiscal year 2004.'.
SEC. 123. FVPSA IMPROVEMENTS.
(a) Section 304(a) of the Family Violence Prevention and Services Act (42
U.S.C. 10403(a)) is amended--
(1) by inserting after `grant authorized under section 303(a)' the
following: `$500,000, with the remaining funds to be allotted to each State
in';
(2) by striking paragraph (1), by striking the dash preceding paragraph
(1), by striking `(2)', and by running in the text of paragraph (2) after
`except that';
(3) by striking the last sentence.
(b) Section 304(d) of the Family Violence Prevention and Services Act (42
U.S.C. 10403(d)) is amended--
(1) by inserting after `to such State in grants under section 303(a)'
the following: `or Indian tribe or tribal organization under section
303(b)';
(2) by inserting after `failure of such State' the following: `or Indian
tribe or tribal organization, or other entity';
(3) by inserting after `such amount to States' the following: `and
Indian tribes and tribal organizations';
(4) by inserting after `which meet such requirements' the following:
`proportionate to the original allocation made under subsection (a) or (b)
of section 303, respectively'; and
(5) by redesignating paragraph (2) as paragraph (3) and adding after
paragraph (1) the following:
`(2) If, at the end of the sixth month of any fiscal year for which sums
are appropriated under section 310, the amount allotted to an entity has not
been made available to such entity in grants under sections 308 and 311
because of the failure of such entity to meet the requirements for a grant or
because the limitation on expenditure has been reached, then the Secretary
shall reallot such amount to States and Indian tribes and tribal organizations
that meet such requirements proportionate to the original allocation under
subsection (a) or (b) of section 303, respectively.'
(c) Section 308(a)(2) of the Family Violence Prevention and Services Act
(42 U.S.C. 10407(a)(2)) is amended by adding `on providing training and
technical assistance' after `focusing', and by adding at the end the
following: `The Secretary may award grants to nonprofit, nongovernmental
organizations for technical assistance and training initiatives on the
subjects identified in subsection (c) if such initiatives do not duplicate the
work of the entities funded under subsection (c) and the total amounts awarded
for such initiatives do not exceed $500,000.'
(d) Section 308(c) of the Family Violence Prevention and Services Act (42
U.S.C. 10407(c)) is amended by adding `on emerging issues in domestic violence
service, prevention, or law and' after `service providers, and', by striking
`domestic violence service, prevention, or law' after `following areas', and
by adding after paragraph (7) the following:
`(8) Providing technical assistance and training to local domestic
violence programs that provide shelter or related assistance.
`(9) Improving access to services, information, and training within
Indian tribes and tribal organizations.
`(10) Responding to emerging issues in the field of domestic violence
that the Secretary may identify in consultation with advocates representing
local programs providing shelter or related assistance, State domestic
violence coalitions, and national domestic violence organizations.
`(11) Nothing in this section shall prohibit the Secretary from making
multiple grants to any nonprofit, nongovernmental entity to fulfill the
purposes of this section.'.
(e) Section 309(1)(B) of the Family Violence Prevention and Services Act
(42 U.S.C. 10408(1)(B)) is amended by inserting `, with whom such person is or
has been in a continuing social relationship of a romantic or intimate
nature,' before `or with whom'.
(f) Section 309 of such Act (42 U.S.C. 10408) is amended by adding at the
end the following:
`(7) The term `Indian country' has the same meaning as is given such
term by section 1151 of title 18, United States Code.'.
(g) Section 310(c) of the Family Violence Prevention and Services Act (42
U.S.C. 10409(c)) is amended by adding after `for each fiscal year,' the
following: `the lesser of $7,500,000 or'.
(h) Section 310(d) of the Family Violence Prevention and Services Act (42
U.S.C. 10409(d)) is amended by striking `not less than' and inserting `the
lesser of $22,000,000 or' and by adding at the end the following: `At such
time as the appropriation under this subsection exceeds $11,000,000, the
Secretary shall designate that of the amounts appropriated under this
subsection up to 20 percent of such funds shall be made available in the
amounts necessary to State domestic violence coalitions for the specific
purpose of providing technical assistance and training and direct assistance
in the following areas or other priorities that may be determined by the
Secretary in consultation with State domestic violence coalitions and programs
that provide shelter or related assistance:
`(1) MODEL LEADERSHIP GRANTS FOR DOMESTIC VIOLENCE INTERVENTION IN
UNDERSERVED COMMUNITIES- The Secretary shall award grants of up to 3 years
to not more than 10 State and tribal domestic violence coalitions and not
more than 10 local domestic violence programs providing shelter or related
assistance to develop model strategies to address domestic violence in
underserved populations as defined in section 2003(7) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7)). Such grants
shall be made to assess the needs of underserved populations in the State or
Indian country; build collaborative relationships with community-based
organizations serving underserved populations; and develop and implement
model community intervention strategies to decrease the incidence of
domestic violence in underserved populations.
`(A) ELIGIBILITY- To be eligible for a 1-year model leadership grant
under this paragraph, an applicant shall demonstrate--
`(i) a plan for assessing the needs of underserved populations and
identifying a specific population for development of an intervention
strategy in the year of the grant; and
`(ii) inclusion of representatives from community-based
organizations in underserved communities in planning, designing, and
disseminating the needs assessment instruments.
`(B) ELIGIBILITY FOR CONTINUED FUNDING- To be eligible for continued
funding of up to 2 additional years, an applicant shall provide--
`(i) a plan for implementing the model strategies which includes
collaborative partnerships with community-based organizations within the
underserved populations identified; and
`(ii) a plan for disseminating the model strategy throughout the
State or Indian country, or to other States during year 3 of the
grant.
`(C) PRIORITY FOR COLLABORATIVE FUNDING- In awarding grants under this
section, the Secretary shall give preference to State and tribal domestic
violence coalitions and local domestic violence shelters and programs that
submit applications in collaboration with community-based organizations
serving underserved populations. A grant may not be made under this
subsection in an amount less than $100,000 for each fiscal year.
`(2) DIRECT EMERGENCY ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE-
`(A) IN GENERAL- The Secretary shall award grants to each State and
tribal domestic violence coalition for the purpose of administering an
emergency assistance fund for victims of domestic violence. Funds received
under this paragraph may be used only to provide emergency assistance
directly to victims of domestic violence who are in the process of fleeing
an abusive situation. Emergency assistance shall include transportation,
housing, and other expenses associated with relocation. Funds shall be
requested by domestic violence shelters and programs on behalf of
victims.
`(B) APPLICATION- Prior to receipt of emergency assistance funds under
this paragraph, the State or tribal domestic violence coalition shall
provide to the Secretary--
`(i) a detailed description of the process for receiving and
reviewing applications for emergency assistance;
`(ii) a detailed description of the process for notifying domestic
violence shelters and programs about the availability of emergency
assistance funds;
`(iii) an application form that includes the type of assistance
requested, a statement of need for the funds, a statement about the
impact of the funds on the victim's ability to escape domestic violence,
and other such information that would be helpful in disbursing emergency
assistance funds;
`(iv) the process used to make payments to recipients;
and
`(v) a statement of procedures used to protect the confidentiality
of recipients.
`(C) REPORTING- The State or tribal domestic violence coalition shall
file an annual report to the Secretary describing the distribution of
funds to victims of domestic violence by type and amount of assistance
provided. For reasons of safety and confidentiality, such report shall not
contain individually identifying information.
`(3) TECHNICAL ASSISTANCE AND TRAINING FOR STATE, LOCAL, AND TRIBAL
DOMESTIC VIOLENCE PROGRAMS-
`(A) IN GENERAL- The Secretary shall award grants to a State or tribal
domestic violence coalition or coalitions for the purpose of providing
training and technical assistance for State and tribal domestic violence
coalitions and other nonprofit, nongovernmental State, local, and tribal
domestic violence programs. Funds received under this section shall be
used to conduct regional training and technical assistance initiatives to
be developed and implemented by a nonprofit, nongovernmental State or
tribal domestic violence coalition or coalitions within each of the
regions administered by the Department of Health and Human Services. Funds
shall be used to prioritize, plan, and implement solutions to regional
problems experienced by domestic violence coalitions and programs
providing shelter or related assistance within the region.
`(B) ELIGIBILITY- To be eligible for funding under this paragraph the
grantee shall have the support of the majority of State and tribal
domestic violence coalitions within the region and shall have its
principal place of operation within the region. Nothing in this section
shall prohibit domestic violence programs within Indian tribes from
receiving technical assistance and training under this grant program.
Grantees shall be encouraged to work in collaboration with domestic
violence advocates and organizations outside of the region and with the
national resource center and special issue resource centers established in
this Act to provide expertise in delivering training and technical
assistance within the region.
`(C) REPORTING- The grantee State or tribal domestic violence
coalition or coalitions shall file an annual report to the Secretary
describing the recipients and the type of technical assistance and
training received.'.
(i) Section 308(e) of the Family Violence Prevention and Services Act (42
U.S.C. 10407(e)) is amended by adding at the end the following: `Within 90
days after the date of the enactment of the Violence Against Women Act of
1999, all entities receiving funds pursuant to activities under this section
shall prepare and submit a report to the Secretary that evaluates the
effectiveness of the use of amounts received under such grants by such grantee
and containing such other information as the Secretary may prescribe. The
Secretary shall publish any such reports and provide at least 90 days for
notice and opportunity for public comment prior to awarding or renewing any
such grants.'.
(j) Section 307(a) of the Family Violence Prevention and Services Act (42
U.S.C. 10402(a)) is amended by adding at the end the following:
`(3) The Secretary shall deny any application that fails to provide
documentation, including memoranda of understanding, of the specific
involvement of the State or tribal domestic violence coalition and other
knowledgeable individuals and interested organizations, in the development of
the State or tribe's application.'.
(k) Section 303(b) of the Family Violence Prevention Services Act (42
U.S.C. 10402(b)) is amended by adding at the end the following:
`(4) From the amounts made available under paragraph (1), there shall be
awarded by the Secretary not less than 5 percent of such amounts for the
funding of tribal domestic violence coalitions. To be eligible for a grant
under this paragraph, an entity shall be a private nonprofit coalition whose
membership includes representatives from a majority of the programs for
victims of domestic violence operating within the boundaries of an Indian
reservation and programs whose primary purpose is serving the populations of
such Indian country and whose board membership is representative of such
programs. Such coalitions shall further the purposes of domestic violence
intervention and prevention through activities including--
`(A) training and technical assistance for local Indian domestic
violence programs and providers of direct services to encourage
appropriate responses to domestic violence in Indian country;
`(B) planning and conducting needs assessments and planning for
comprehensive services in Indian country;
`(C) serving as an information clearinghouse and resource center for
the Indian reservation represented by the coalition receiving these
funds;
`(D) collaborating with Indian, State, and Federal governmental
systems which affect battered women in Indian country, including judicial
and law enforcement and child protective services agencies, to encourage
appropriate responses to domestic violence cases;
`(E) conducting public education and outreach activities addressing
domestic violence in Indian country;
`(F) collaborating with State domestic violence coalitions in the
areas described above; and
`(G) participating in planning and monitoring of the distribution of
grants and grant funds to the Indian reservation and tribal organizations
under paragraph (1).'
Subtitle D--Community Initiatives
SEC. 131. GRANTS FOR COMMUNITY INITIATIVES.
(a) Section 318(h) of the Family Violence Prevention and Services Act (42
U.S.C. 10418(h)) is amended to read as follows:
`(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section--
`(1) $8,000,000 for fiscal year 2000;
`(2) $9,000,000 for fiscal year 2001;
`(3) $10,000,000 for fiscal year 2002;
`(4) $11,000,000 for fiscal year 2003; and
`(5) $12,000,000 for fiscal year 2004.'.
(b) Subsection (i) of section 318 of the Family Violence Prevention and
Services Act (42 U.S.C. 10418) is amended by inserting the text of the
subsection as a cut-in paragraph (1) with the heading `IN GENERAL- ' and by
adding at the end the following:
`(2) INFORMATION- The Secretary shall annually compile and broadly
disseminate (including through electronic publication) information about the
use of funds and about the projects funded under this section, including any
evaluations of the projects and information to enable replication and
adoption of the strategies identified in the projects. Such dissemination
shall target other community-based programs, including domestic violence and
sexual assault programs.'.
Subtitle E--Education and Training for Judges and Court
Personnel
SEC. 141. REAUTHORIZATION.
(a) GRANTS FOR EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
STATE COURTS- (1) Section 40412 of the Equal Justice for Women in the Courts
Act of 1994 (42 U.S.C. 13992) is amended--
(A) by striking `and' at the end of paragraph (18);
(B) by striking the period at the end of paragraph (19); and
(C) by inserting after paragraph (19) the following:
`(20) the issues raised by domestic violence in determining custody and
visitation, including how to protect the safety of the child and of a parent
who is not a predominant aggressor of domestic violence, the legitimate
reasons parents may report domestic violence, the ways domestic violence may
relate to an abuser's desire to seek custody, and evaluating expert
testimony in custody and visitation determinations involving domestic
violence;
`(21) the issues raised by child sexual assault in determining custody
and visitation, including how
to protect the safety of the child, the legitimate reasons parents may report
child sexual assault, and evaluating expert testimony in custody and visitation
determinations involving child sexual assault, including the current
scientifically-accepted and empirically valid research on child sexual assault;
and
`(22) the extent to which addressing domestic violence and victim safety
contributes to the efficient administration of justice.'.
(2) Section 40414(a) of the Equal Justice for Women in the Courts Act of
1994 (42 U.S.C. 13994(a)) is amended by inserting `and $1,500,000 for each of
the fiscal years 2000 through 2004' after `1996'.
(b) GRANTS FOR EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
FEDERAL COURTS- (1) Section 40421(d) of the Equal Justice for Women in the
Courts Act of 1994 (42 U.S.C. 14001(d)) is amended to read as follows:
`(d) MODEL PROGRAMS- The Federal Judicial Center, in carrying out section
620(b)(3) of title 28, United States Code, shall include in the educational
programs it prepares, including the training programs for newly appointed
judges, information on the aspects of the topics listed in section 40412 that
pertain to issues within the jurisdiction of the Federal courts, and shall
prepare materials necessary to implement this subsection.'.
(2) Section 40422(2) of the Equal Justice for Women in the Courts Act of
1994 (42 U.S.C. 14002(2)) is amended by inserting `and $500,000 for each of
the fiscal years 2000 through 2004' after `1996'.
(c) TECHNICAL AMENDMENTS TO THE EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT
OF 1994-
(1) ENSURING COLLABORATION WITH DOMESTIC VIOLENCE AND SEXUAL ASSAULT
PROGRAMS- Section 40413 of the Equal Justice for Women in the Courts Act (42
U.S.C. 13993) is amended by adding `including national, State, tribal, and
local domestic violence and sexual assault programs and coalitions,' after
`victim advocates'.
(2) PARTICIPATION OF TRIBAL COURTS IN STATE TRAINING AND EDUCATION
PROGRAMS- Section 40411 of the Equal Justice for Women in the Courts Act (42
U.S.C. 13991) is amended by adding at the end the following: `Nothing shall
preclude the attendance of tribal judges and court personnel at programs
funded under this section for States to train judges and court personnel on
the laws of the States.'
(3) USE OF FUNDS FOR DISSEMINATION OF MODEL PROGRAMS- Section 40414 of
the Equal Justice for Women in the Courts Act (42 U.S.C. 13994) is amended
by adding at the end the following:
`(c) The State Justice Institute may use up to 5 percent of the funds
appropriated under this section for annually compiling and broadly
disseminating (including through electronic publication) information about the
use of funds and about the projects funded under this section, including any
evaluations of the projects and information to enable the replication and
adoption of the projects.'.
Subtitle F--Grants To Encourage Arrest Policies
SEC. 151. DEFINITIONS.
Section 2105(1) of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796hh-4(1)) is amended to read as follows:
`(1) the term `domestic violence' includes acts or threats of violence,
not including acts of self-defense, committed by a current or former spouse
of the victim, by a person with whom the victim shares a child in common, by
a person who is cohabiting with or has cohabited with the victim, by a
person who is or has been in a continuing social relationship of a romantic
or intimate nature with the victim, by a person similarly situated to a
spouse of the victim under the domestic or family violence laws of the
jurisdiction, or by any other person against a victim who is protected from
that person's acts under the domestic or family violence laws of the
jurisdiction.'.
SEC. 152. REAUTHORIZATION.
Section 1001(a)(19) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793(a)(19)) is amended--
(1) by striking `and' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C) and inserting
a semicolon; and
(3) by inserting after subparagraph (C) the following:
`(D) $63,000,000 for fiscal year 2000;
`(E) $67,000,000 for fiscal year 2001;
`(F) $70,000,000 for fiscal year 2002;
`(G) $70,000,000 for fiscal year 2003; and
`(H) $70,000,000 for fiscal year 2004.'.
SEC. 153. TECHNICAL AMENDMENT.
Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796hh) is amended by adding at the end the following:
`(d) DISBURSEMENT- At least 5 percent of the funds appropriated under this
section shall be used for grants to Indian tribal governments.'.
Subtitle G--Rural Domestic Violence and Child Abuse
Enforcement
SEC. 161. REAUTHORIZATION.
Section 40295(c)(1) of the Safe Homes for Women Act of 1994 (42 U.S.C.
13971(c)(1)) is amended--
(1) by striking `and' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C) and inserting
`; and'; and
(3) by inserting after subparagraph (C) the following:
`(D) $35,000,000 for each of the fiscal years 2000, 2001, 2002, 2003,
and 2004.'.
SEC. 162. TECHNICAL AMENDMENTS.
Section 40295(c) of the Safe Homes for Women Act of 1994 (42 U.S.C.
13971(c)) is amended by adding at the end the following:
`(3) DISBURSEMENT- At least 5 percent of the funds appropriated under
paragraph (1) shall be used for grants to Indian tribal governments.'.
Subtitle H--National Stalker and Domestic Violence
Reduction
SEC. 171. TECHNICAL AMENDMENTS.
Section 40602(a) of the Violence Against Women Act of 1994 (42 U.S.C.
14031(a)) is amended by inserting `and implement' after `improve'.
SEC. 172. REAUTHORIZATION.
Section 40603 of the Violence Against Women Act of 1994 (42 U.S.C. 14032)
is amended--
(1) by striking `and' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and inserting `;
and'; and
(3) by inserting after paragraph (3) the following:
`(4) $3,000,000 for each of the fiscal years 2000, 2001, 2002, 2003, and
2004.'.
Subtitle I--Federal Victims' Counselors
SEC. 181. REAUTHORIZATION.
The text of section 40114 of the Safe Streets for Women Act of 1994 is
amended to read as follows: `There are authorized to be appropriated for the
United States Attorneys for the purpose of appointing Victim/Witness
Counselors for the prosecution of domestic violence and sexual assault crimes
where applicable (such as the District of Columbia) $1,000,000 for each of the
fiscal years 2000, 2001, 2002, 2003, and 2004.'.
Subtitle J--Education and Prevention Grants To Reduce Sexual Abuse of
Runaway, Homeless, and Street Youth
SEC. 191. REAUTHORIZATION.
Section 316(c) of the Runaway and Homeless Youth Act (42 U.S.C. 5712d(c))
is amended--
(1) by striking `and' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and inserting a
semicolon; and
(3) by inserting after paragraph (3) the following:
`(4) $22,000,000 for each of the fiscal years 2000, 2001, 2002, 2003,
and 2004.'.
SEC. 192. DISSEMINATION OF INFORMATION.
Section 316 of part A of the Runaway and Homeless Youth Act (42 U.S.C.
5712d) is amended by redesignating subsection (d) as subsection (e) and by
inserting after subsection (c) the following:
`(d) The Secretary shall annually compile and broadly disseminate
(including through electronic publication) information about the use of funds
and about the projects funded under this subtitle, including any evaluations
of the projects and information to enable replication and adoption of the
strategies identified in the projects. Such dissemination shall target
community-based programs, including domestic violence and sexual assault
programs.'.
Subtitle K--Victims of Child Abuse Programs
SEC. 193. REAUTHORIZATION OF COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
Section 218(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13014(a)) is amended--
(1) by striking `and' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and inserting a
semicolon; and
(3) by inserting after paragraph (5) the following:
`(6) $12,000,000 for each of the fiscal years 2001, 2002, 2003, and
2004.'
SEC. 194. REAUTHORIZATION OF CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL
PERSONNEL AND PRACTITIONERS.
Section 224(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13024(a)) is amended--
(1) by striking `and' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and inserting a
semicolon; and
(3) by inserting after paragraph (5) the following:
`(6) $2,300,000 for each of the fiscal years 2001, 2002, 2003, and
2004.'.
SEC. 195. REAUTHORIZATION OF GRANTS FOR TELEVISED TESTIMONY.
Section 1001(a)(7) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793(a)(7)) is amended--
(1) by striking `and' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E) and inserting
a semicolon; and
(3) by inserting after subparagraph (E) the following:
`(F) $1,000,000 for each of the fiscal years 2001, 2002, 2003, and
2004.'.
SEC. 196. DISSEMINATION OF INFORMATION.
Section 40156 of the Violence Against Women Act of 1994 is amended by
inserting at the end the following:
`(d) The Attorney General shall annually compile and broadly disseminate
(including through electronic publication) information about the use of funds
and about the projects funded under this section, including any evaluations of
the projects and information to enable replication and adoption of the
strategies identified in the projects. Such dissemination shall target
community-based programs, including domestic violence and sexual assault
programs.'.
TITLE II--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN
SEC. 201. FINDINGS.
Congress finds as follows:
(1) Witnessing domestic violence has a devastating impact on children,
placing them at high risk for anxiety, depression, and, potentially,
suicide. These children may exhibit more aggressive, antisocial, fearful,
and inhibited behaviors.
(2) Children exposed to domestic violence often have problems in
school.
(3) Domestic violence is strongly correlated with child abuse. Studies
have found that between 50 and 70 percent of men who abuse their female
partners also abuse their children.
(4) Boys who witness parental abuse during their childhood are at a
higher risk of being physically aggressive in dating and marital
relationships.
(5) Girls are 3 times as likely as boys to be victims of sexual
abuse.
(6) Children often fail to report child sexual abuse because of the fear
that disclosure will bring worse consequences than being victimized again,
including consequences from the family, feeling guilty for consequences to
the perpetrator, and fear of subsequent retaliation from the perpetrator.
Victims may also feel that the abuse is their fault.
(7) Women are at an increased risk of harm after separation from an
abusive partner. Separated women are 3 times more likely than divorced women
and 25 times more likely than married women to be victims of violence at the
hands of an intimate partner.
(8) Children are also at increased risk of harm during separation. In
one study, 34 percent of women in shelters and callers to hotlines reported
threats of kidnapping, 11 percent reported that the batterer had kidnapped
the child for some period, and 21 percent reported that threats of
kidnapping forced the victim to return to the batterer.
(9) According to a 1996 report by the American Psychological
Association, which Congress views as authoritative on matters of domestic
violence and child custody and visitation determinations, custody and
visitation disputes are more frequent when there is a history of domestic
violence. Further, fathers who batter mothers are twice as likely to seek
sole custody of their children and they may misuse the legal system as a
forum for continuing abuse through harassing and retaliatory legal
actions.
(10) The need for supervised visitation centers far exceeds the number
of available programs, resulting in courts ordering unsupervised visitation
and endangering parents and children or cutting off visitation
altogether.
(11) One-third of high school and college age students experience
violence with an intimate partner.
(12) A 1992 study concluded that being abused or neglected in childhood
increases the likelihood of arrest for girls and women by 77 percent.
(13) Although courts should diligently protect the interests of both
parents in frequent and continuing contact with their children, in the case
where one parent has committed domestic violence against the other parent,
protection of the other parent and the children is a vital consideration
that should take precedence.
(14) Every State has legislation or judicial decisions that base its
custody determinations on what is in the best interests of the child and the
vast majority of States include considerations of domestic violence as a
factor in determining the best interests of the child.
(15) The National Council of Juvenile and Family Court Judges includes
the option of supervised visitation centers in their Model Code on Domestic
and Family Violence.
(16) Despite the perception that mothers always win custody cases,
studies show that fathers who contest custody win sole or joint custody in
40 to 70 percent of cases.
(17) According to the American Psychological Association, there is no
reliable empirical data to support the so-called phenomenon of `parental
alienation syndrome,' although courts and custody evaluators frequently use
such terms to discount children's reasonable fear and anger toward a violent
parent. This `syndrome' and similar ones are used almost exclusively against
women.
(18) The documented rate of any child abuse allegations in custody cases
is approximately 2 percent, and there is no evidence that false accusations
are more common in the context of custody litigation.
(19) Congress never intended that the Parental Kidnapping Prevention Act
be used to prohibit an abused or protective parent from protecting
themselves or their child by relocation to a place of safety.
(20) When domestic violence is or has been present in the relationship,
shared parenting arrangements, couples counseling, or mediation arrangements
may increase the danger to children and to the nonviolent parent.
Subtitle A--Safe Havens for Children
SEC. 211. PURPOSES.
The purposes of section 212 are--
(1) to provide secure locations for visitation and visitation
exchange;
(2) to protect children from the trauma of witnessing domestic violence
or experiencing abduction, injury, or death during parent and child
visitation and visitation exchanges;
(3) to protect victims of domestic violence from experiencing further
violence, abuse, and threats during child visitation and visitation
exchanges;
(4) to protect children from the trauma of experiencing sexual assault
or other forms of physical assault and abuse during parent and child
visitation and visitation exchanges; and
(5) to provide an ongoing safe haven for parents and children during
visitation and visitation exchanges to promote continuity and
stability.
SEC. 212. GRANTS TO PROVIDE FOR SUPERVISED VISITATION CENTERS.
(a) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS- The Attorney General is
authorized to award grants, contracts, and cooperative agreements to public or
private nonprofit nongovernmental entities, including tribal organizations and
nonprofit organizations operating within the boundaries of an Indian
reservation whose governing body reflects the populations served, to assist
such entities in establishing and operating supervised visitation centers for
the purposes of facilitating supervised visitation and visitation exchange. At
least 50 percent of all funds appropriated under subsection (e) shall be for
contracts and cooperative agreements with private nonprofit, nongovernmental
entities, including entities receiving court referrals.
(b) CONSIDERATIONS- In awarding such grants, contracts, and cooperative
agreements under paragraph (1), the Attorney General shall take into
account--
(1) the number of families to be served by the proposed visitation
center to be established under the grant, contract, or agreement;
(2) the extent to which supervised visitation centers serve underserved
populations as that term is defined in section 2003(7) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7)), as defined in
section 651(c);
(3) the extent to which the applicant demonstrates cooperation and
collaboration with nonprofit, nongovernmental entities in the local
community served, including the State and tribal domestic violence and
sexual assault coalitions, tribal organizations, rape crisis centers, local
shelters, and programs for domestic violence victims, including programs
providing legal assistance to domestic violence victims and sexual assault
victims;
(4) the extent to which the applicant demonstrates coordination and
collaboration with appropriate court systems, including State, local, and,
in the case of Indian country, tribal and Federal court systems, and
mechanisms for communication and referral; and
(5) the extent to which the applicant demonstrates implementation of
domestic violence and sexual assault training for all employees.
(1) IN GENERAL- Amounts provided under a grant, contract, or cooperative
agreement awarded under subsection (a) shall be used to establish supervised
visitation centers and for the purposes described in section 211. In using
such amounts, grantees and persons awarded a contract or cooperative
agreement shall target the economically disadvantaged and those individuals
who could not otherwise afford such visitation services. Individuals shall
be permitted to use the services provided by the center on a sliding fee
basis. For purposes of determining qualification for sliding scale fees,
only the individual income will be considered and no spousal or household
income will be counted.
(2) REGULATIONS AND APPLICANT REQUIREMENTS- The Attorney General shall
award grants, contracts, and cooperative agreements under subsection (a) in
accordance with such regulations as the Attorney General may promulgate. The
regulations shall establish a multi-year grant process. The Attorney General
shall give priority in awarding grants, contracts, and cooperative
agreements under this title to entities in States and Indian country that
consider domestic violence in making a custody decision. An applicant
awarded such a grant, contract, or cooperative agreement shall--
(A) for applicants for a purpose described in paragraph (1) or (2) of
section 211--
(i) demonstrate recognized expertise in the area of domestic
violence, including addressing the impact of domestic violence on
children, and a record of high quality service to victims of domestic
violence; and
(ii) demonstrate through a memorandum of understanding collaboration
with and support of the State or tribal domestic violence coalition and
local or tribal domestic violence shelter or program in the locality in
which the supervised visitation center will be operated;
(B) for applicants for a purpose described in paragraph (3) of section
211--
(i) demonstrate recognized expertise in the area of child sexual
assault and abuse and a record of high quality service to victims of
sexual assault; and
(ii) demonstrate through a memorandum of understanding collaboration
with and support of the State or tribal sexual assault coalition and
local or tribal rape crisis center or sexual assault program in the
locality where the supervised visitation center will be
operated;
(C) provide supervised visitation and visitation exchange services
over the duration of a court order to promote continuity and
stability;
(D) demonstrate that adequate security measures, including adequate
facilities, procedures and personnel capable of preventing violence, are
in place for the operation of supervised visitation; and
(E) describe in detail the standards by which the supervised
visitation center will operate.
(d) REPORTING- Not later than 60 days after the end of each fiscal year,
the Attorney General shall report to Congress, categorized by State or tribe,
information concerning--
(1) the number of individuals including number of parents and children
served and the number of individuals turned away from services, the number
of individuals from underserved populations (as such term is defined in
section 2003(7) of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg-2(7)), as defined in section 651(c)), served and turned
away from services, and the type of presenting problems that underlie the
need for supervised visitation or visitation exchange, such as domestic
violence, child sexual abuse, emotional abuse or other physical abuse of
children, or a combination of such factors;
(2) the numbers of supervised visitations or visitation exchanges
ordered during custody determinations under a separation or divorce decree,
under a protection order, through child protection services, through other
social services agencies or by any other order of a civil, criminal,
juvenile, family, or tribal court;
(3) the process by which children or abused partners are protected
during visitations, temporary custody transfers and other activities for
which the supervised visitation centers are created;
(4) safety and security problems occurring during the reporting period
during supervised visitations or at visitation centers, including the number
of parental abductions;
(5) the number of parental abduction cases in a judicial district using
supervised visitation services, both as identified in criminal prosecution
and custody violations;
(6) program standards across the country that are in place for operating
a supervised visitation center; and
(7) any other appropriate information designated in regulations
promulgated by the Attorney General.
(e) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- For the purpose of awarding grants, contracts, and
cooperative agreements under this section, there are authorized to be
appropriated $75,000,000 for fiscal year 2000, $85,000,000 for fiscal year
2001, $95,000,000 for fiscal year 2002, $105,000,000 for fiscal year 2003,
and $115,000,000 for fiscal year 2004.
(2) DISTRIBUTION- Of the amounts appropriated under paragraph (1) for
each fiscal year, not less than 95 percent shall be used to award grants,
contracts, or cooperative agreements. At least 5 percent of the funds
appropriated under paragraph (1) shall be used for grants to tribal
organizations.
Subtitle B--Violence Against Women Prevention in Schools
SEC. 221. GRANTS FOR VIOLENCE AGAINST WOMEN PREVENTION IN SCHOOLS.
(a) PURPOSES- The purposes of grants under this section are--
(1) to reduce the impact of domestic violence, sexual assault, and
stalking in the lives of young women and children;
(2) to develop, modify, and implement State, local, or tribal school
system policies for school personnel at elementary, middle, and secondary
schools on domestic violence, sexual assault, and stalking;
(3) to develop, modify, and implement State, local, or tribal school
system policies regarding identification and referral procedures for
students who are witnessing or experiencing domestic violence, sexual
assault, or stalking in their lives; and
(4) to help prevent students from becoming victims or perpetrators of
domestic violence, sexual assault, or stalking through State, local, or
tribal programs and prevention strategies targeting students at elementary,
middle, and secondary schools.
(b) GRANTS AUTHORIZED- The Secretary of Education, in consultation with
the Secretary of Health and Human Services, shall provide grants to State,
local, or tribal school systems to develop, modify, and implement State,
local, or tribal school system policies and programs for elementary schools,
middle schools, and secondary schools which address domestic violence, sexual
assault, and stalking.
(c) ELIGIBILITY- To be eligible for a grant under subsection (b), a State,
local, or tribal school system shall collaborate with domestic violence or
sexual assault experts from State, local, or tribal domestic violence and
sexual assault programs.
(d) APPLICATIONS- A State, local, or tribal school system that desires to
receive a grant under subsection (b) shall submit to the Secretary of
Education an application, in such form and manner as the Secretary of
Education shall prescribe, that--
(1) demonstrates that the educational program is comprehensive,
engaging, and appropriate to the target areas, is culturally diverse,
addresses the needs of underserved communities, has the potential to change
attitudes and behaviors, is developed based on research and experience in
the areas of youth education, domestic violence, sexual assault, and
stalking, collects data on changes in participants' attitudes or behavior,
is implemented in collaboration with domestic violence and sexual assault
experts, and includes an evaluation component;
(2) demonstrates that the proposed policy development process includes
consultation and collaboration with experts on violence against women and
girls, such as domestic violence shelters, domestic violence programs, State
and tribal domestic violence coalitions, State and tribal sexual assault
coalitions, and rape crisis centers; and
(3) contains such other information, agreements, and assurances as the
Secretary of Education may require.
(1) IN GENERAL- A State, local, or tribal school system that receives a
grant under subsection (b) may use the grant funds--
(A) to develop and implement educational programs or prevention
strategies for students and personnel in elementary schools, middle
schools, and secondary schools addressing domestic violence, sexual
assault, and stalking;
(B) to develop and implement policies to identify students who may be
experiencing or witnessing domestic violence, sexual assault, or stalking
in their lives and to develop and implement policies on reporting and
referral procedures for these students;
(C) to develop and implement policies to identify students at risk of
becoming victims or perpetrators of domestic violence, sexual assault, or
stalking;
(D) to modify the program materials of the model programs created
under section 317 of the Family Violence Prevention and Services Act (42
U.S.C. 10417), if appropriate, in order to make the materials applicable
to a particular age group; and
(E) to purchase the materials described in subparagraph (D).
(2) CONFIDENTIALITY- Policies and programs developed and implemented
under paragraph (1) shall address issues of victim safety and
confidentiality that are consistent with applicable State and Federal
laws.
(A) GUIDANCE- The Secretary of Education shall disseminate any
existing Department of Education policy guidance regarding preventing
domestic violence, sexual assault, or stalking.
(B) STUDY AND REPORT- The Secretary of Education shall study existing
policies and programs as well as new policies and programs funded by this
section and report to Congress recommendations for implementation of
successful policies for referring students to services when they may be
witnessing or experiencing domestic violence, sexual assault, or stalking.
In publishing the report, the Secretary shall ensure the safety and
confidentiality of all information concerning the identification of
students.
(A) ADMINISTRATIVE EXPENSES- A school system that receives a grant
under subsection (b) for a fiscal year shall use not more
than 5 percent of the grant funds for administrative expenses.
(B) A school system that receives a grant to fulfill a purpose
described in subparagraph (A), (D), or (E) of paragraph (1) shall first
have in place and include in its application the school policies by which
such programs and prevention strategies will be implemented.
(f) PUBLICATION- The Secretary of Education shall publish the availability
of grants under subsection (b) through announcement in professional
publications for State, local, or tribal school systems described in
subsection (a)(2) and through notice in the Federal Register.
(g) TERM- A grant under subsection (b) may be awarded for a period of not
more than 3 fiscal years.
(h) EQUITABLE DISTRIBUTION- In awarding grants under subsection (b), the
Secretary of Education shall ensure an equitable geographic distribution to
State, local, and tribal school systems throughout the United States.
(i) REQUIREMENTS- In carrying out an educational program under a grant
under subsection (b), a State, local, or tribal school system shall--
(1) consult and collaborate with experts on violence against women and
girls, such as domestic violence shelters, domestic violence programs, State
and tribal domestic violence coalitions, State and tribal sexual assault
coalitions, and rape crisis centers;
(2) develop the program, or acquire model program materials if
available;
(3) carry out the program with a school's involvement; and
(4) report the results of the program to the Secretary of Education in a
format provided by the Secretary.
(j) DEFINITION- For purposes of this section, the terms `domestic
violence', `sexual assault', and `stalking' have the same meaning given those
terms by section 2.
(k) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- There are authorized to be appropriated to carry out
this section--
(A) $2,750,000 for fiscal year 2000;
(B) $3,000,000 for fiscal year 2001;
(C) $3,000,000 for fiscal year 2002;
(D) $3,000,000 for fiscal year 2003; and
(E) $3,000,000 for fiscal year 2004.
(2) AVAILABILITY- Amounts appropriated under paragraph (1) shall remain
available until the earlier of--
(A) the date on which those amounts are expended; or
Subtitle C--Family Safety
SEC. 231. SHORT TITLE.
This subtitle may be cited as the `Family Safety Act'.
SEC. 232. FINDINGS AND PURPOSES.
(a) FINDINGS- Section 7(a) of the Parental Kidnaping Prevention Act of
1980 (94 Stat. 3568; 28 U.S.C. 1738A note) is amended--
(1) by striking `and' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and inserting a
semicolon; and
(3) by inserting after paragraph (4) the following:
`(5) existing Federal and State laws are inadequate to protect parents
from domestic violence and to protect children from sexual assault and may
punish them when they seek to protect themselves; and
`(6) failures of State judicial and child protection systems may result
in the inappropriate placement of children in the custody of abusive parents
or punishment of nonabusing parents who attempt to protect themselves or
their children.'.
(b) CONCLUSION- Section 7(b) of such Act is amended by inserting `to
establish standards to prevent children from being returned to abusive
parents,' after `with such disputes,'.
(c) PURPOSES- Section 7(c) of such Act is amended--
(1) by redesignating paragraphs (3) through (6) as paragraphs (5)
through (8), respectively;
(2) by inserting after paragraph (2) the following:
`(3) promote cooperation between State and tribal courts to protect
parents and children from an incident or pattern of domestic violence or
sexual assault;
`(4) promote realistic and protective standards for interstate
relocation when parents dispute custody, particularly in cases where there
is domestic violence or sexual assault;';
(3) in paragraph (7) (as so redesignated), by inserting before the
semicolon at the end the following: `, consistent with not endangering or
inappropriately punishing parents who are victims of domestic violence or
children who are victims of sexual assault'; and
(4) in paragraph (8) (as so redesignated), by inserting before the
period at the end the following: `or to abuse the child or exert coercive
control over the other parent, except when the removal is justifiable in an
attempt to protect the parent or any child in the parent's care'.
SEC. 233. DEFENSE TO CRIMINAL CUSTODIAL INTERFERENCE OR PARENTAL ABDUCTION
CHARGE.
Section 1073 of title 18, United States Code, is amended by striking
`Whoever moves' and inserting `(a) Whoever moves' and by adding at the end the
following:
`(b) For any charge of parental abduction, of custodial interference, or
of felony criminal contempt of court related to an underlying child custody or
visitation determination, that would otherwise provide a basis for prosecution
under this section, it shall be a defense to such prosecution that the
individual against whom this section is invoked--
`(1) acted pursuant to the provisions of a court order valid when and
where issued--
`(A) which granted the defendant legal custody or visitation
rights;
`(B) which was obtained in compliance with section 1738A of title
28;
`(C) which is not inconsistent with such section or with the Uniform
Child Custody Jurisdiction Enforcement Act as promulgated by the Uniform
Law Commissioners; and
`(D) which was in effect at the time the defendant left the
State;
`(2) was fleeing an incident or pattern of domestic violence or sexual
assault of the child; or
`(3) would otherwise have a defense under the terms of section
1204.
`(c) The Attorney General shall issue guidance to assist the United States
Attorneys and the Federal Bureau of Investigation in determining when to
decline to initiate or to terminate an investigation or prosecution under
subsection (b) due to the potential availability of any defense.'.
SEC. 234. FULL FAITH AND CREDIT GIVEN TO CHILD CUSTODY DETERMINATIONS.
(a) SECTION INTENT- Section 1738A(a) of title 28, United States Code, is
amended by adding before the period the following: `, except that no State
shall be required to enforce any order obtained in a proceeding which would
violate the constitution of the enforcing State if the proceeding were
conducted in the enforcing State. This section is intended to preempt any
inconsistent State law and to apply to every proceeding in the United States
or its territories that is not governed by inconsistent aspects of any treaty
to which the United States is a signatory or has ratified that involves
custody and visitation concerning a minor child. Any provision of a protection
order regarding the custody and visitation of a minor child, whether
consensual or not, otherwise consistent with section 2265 of title 18 and with
this section shall be given full faith and credit by the courts of any State
where the party who sought the order seeks enforcement'.
(b) DEFINITIONS- Section 1738A(b) of such title is amended--
(1) by amending paragraph (2) to read as follows:
`(2) `child-custody proceeding' means a proceeding in which legal
custody, physical custody, or visitation with respect to a child is an
issue, including a proceeding for divorce, separation, neglect, abuse,
dependency, guardianship, paternity, termination of parental rights, and
protection from domestic violence, in which the issue may appear;';
(A) by striking `custody determination' and inserting `custody or
visitation determination';
(B) by inserting `obtained in the context of a child-custody
proceeding and' after `court'; and
(C) by striking `custody of a child' and inserting `legal custody,
physical custody, or visitation with respect to a child';
(3) in paragraph (6), by inserting `or has had physical custody for a
period of 6 consecutive months, including any temporary absence, within one
year immediately before the commencement of a child-custody proceeding'
after `of a child';
(4) in paragraph (7), by striking `actual possession and control' and
inserting `the physical care and supervision';
(5) by striking paragraph (9) and inserting the following:
`(9) `domestic violence' includes acts or threats of violence, not
including acts of self defense, committed by a current or former spouse of
the victim, by a person with whom the victim shares a child in common, by a
person who is cohabiting with or has cohabited with the victim, by a person
who is or has been in a continuing social relationship of a romantic or
intimate nature with the victim, by a person similarly situated to a spouse
of the victim under the domestic or family violence laws of the
jurisdiction, or by any other person against a victim who is protected from
that person's acts under the domestic or family violence laws of the
jurisdiction;
`(10) `sexual assault' means any conduct proscribed by chapter 109A of
title 18, United States Code, whether or not the conduct occurs in the
special maritime and territorial jurisdiction of the United States or in a
Federal prison and includes both assaults committed by offenders who are
strangers to the victim and assaults committed by offenders who are known to
the victim or related by blood or marriage to the victim;
`(11) `predominant aggressor' means the individual who has been
determined to be the principal perpetrator of violence, by factors
including--
`(A) history of domestic violence;
`(B) relative severity of the injuries inflicted on each
person;
`(C) the likelihood of future injury to each person;
`(D) whether one of the persons acted in self-defense; and
`(E) the degree to which one of the persons has acted with more
deliberate intent to control, isolate, intimidate, emotionally demean, or
cause severe pain or injury, or fear of harm to the other or a third
person'; and
`(12) `stalking' means engaging in a course of conduct directed at a
specific person that would cause a reasonable person to fear death, sexual
assault, or bodily injury to such person or a member of such person's
immediate family, when the person engaging in such conduct has knowledge or
should have knowledge that the specific person will be placed in reasonable
fear of death, sexual assault, or bodily injury to such person or a member
of such person's immediate family and when the conduct induces fear in the
specific person of death, sexual assault, or bodily injury to such person or
a member of such person's immediate family.'.
(c) JURISDICTION REQUIREMENTS- (1) Section 1738A(c)(2)(A)(ii) of such
title is amended by striking `because of his removal or retention by a
contestant or for other reasons, and a contestant' and inserting `but a parent
or person acting as a parent'.
(2) Section 1738A(c)(2)(B)(ii)(I) of such title is amended by striking
`contestant,' and inserting `parent or a person acting as a parent,'.
(d) CONDITION FOR CUSTODY DETERMINATION- Section 1738A(c)(2)(C) of such
title is amended--
(1) by striking `he' and inserting `the child, or a sibling or parent of
the child,'; and
(2) by inserting `, including acts of domestic violence or stalking by
the other parent' after `abuse'.
(e) CONTINUING JURISDICTION- Section 1738A(d) of such title is amended by
striking `or of any contestant' and inserting `, a parent, or a person acting
as a parent, except that after 2 years have passed while a child is living in
another State after relocation due to domestic violence, stalking, or sexual
assault of the child, the court of the original State shall decline
jurisdiction if the courts of the new State would have personal jurisdiction
over the other parent under that State's law'.
(f) NOTICE- Section 1738A(e) of such title is amended by striking `the
contestants,' and inserting `all persons entitled to notice under the law of
the State as in child custody proceedings between residents of the State,'.
(g) MODIFICATIONS- Section 1738A(f)(1) of such title is amended by
inserting `or visitation' after `custody'.
(h) CHILD CUSTODY DETERMINATIONS- Section 1738A of such title is amended
by striking subsection (h) and by adding at the end the following:
`(h) A court may decline to exercise jurisdiction on behalf of a parent
who has engaged in domestic violence as a predominant aggressor, stalking,
child sexual assault, or child sexual abuse, if a court of another State has
emergency jurisdiction under subsection (c)(2)(C)(ii). A court may decline to
exercise jurisdiction on behalf of a parent who has wrongfully taken the child
from a State without justification, or engaged in similar unjustifiable
conduct, unless no other State would have jurisdiction under any provision of
subsection (c). For the purposes of this subsection, justification includes
removing the child to another State in an effort to seek safety for the child,
or a sibling or parent of the child, from domestic violence or sexual
assault.'.
Subtitle D--Domestic Violence and Children
SEC. 241. CHILD CUSTODY, CHILD ABUSE, AND VICTIMS OF DOMESTIC VIOLENCE.
It is the sense of Congress that--
(1) for purposes of determining child custody, it is in the best
interest of children to have a presumption that children shall have their
main physical residence with their primary caretaker parent unless that
parent is unfit;
(2) for purposes of determining child custody, it is not in the best
interest of children to--
(A) force parents to share custody over the objection of one or both
parents when there is a history of domestic violence;
(B) punish abused or protective parents who protect themselves or
their children;
(C) presume that allegations of domestic violence or child sexual
assault are likely to be made falsely or for tactical advantage during
custody and divorce proceedings; and
(D) make `friendly parent' provisions a factor when there is abuse by
one parent against the other or a child;
(3) child abuse and child sexual abuse allegations shall be fully and
impartially investigated regardless of when they are raised or whether the
child has withdrawn the allegation;
(4) States shall be far more protective of victims of domestic violence
and sexual assault in custody and visitation determinations and not order
mediation, couples counseling, shared custody, mutual orders of protection,
unsupervised visitation, or other measures when they may endanger the other
parent or the child; and
(5) States shall provide training in domestic violence and sexual
assault, as they impact custody, child support and visitation
determinations, to all professionals who interact with children and parents
(including judges, attorneys, guardians ad litem and other individuals
appointed to represent children, therapists and mental health professionals,
custody evaluators, child protective services personnel, and court appointed
special advocates).
Subtitle E--Child Welfare Worker Training on Domestic Violence and
Sexual Assault
SEC. 251. CHILD WELFARE WORKER TRAINING ON DOMESTIC VIOLENCE AND SEXUAL
ASSAULT.
(a) PURPOSE- The purpose of this subtitle is to encourage States, Indian
tribal governments, and units of local government to recognize and treat, as
part of their ongoing child welfare responsibilities, domestic violence and
sexual assault as serious problems threatening the safety and well-being of
its child and adult victims.
(b) GRANT AUTHORITY- The Attorney General shall make grants in
consultation with the Secretary of Health and Human Services to eligible
States, Indian tribal governments, or units of local government to enable
child welfare service agencies to partner with domestic violence service
providers, State or tribal domestic violence or sexual assault coalitions, or
other private nonprofit domestic violence or sexual assault organizations that
have a documented history of effective work in the domestic violence field and
on the impact of domestic violence on children to train staff and modify
policies, procedures, programs, and practices so that policies, practices, and
services are consistent with the following principles:
(1) They protect the children.
(2) They increase the safety and well-being of the children, including
increasing the safety of the nonabusing parents.
(3) They increase the safety of the children by supporting the autonomy
and capacity of the adult victims.
(4) They hold perpetrators, not the victims, responsible for stopping
the abusive behaviors.
(c) GOALS OF GRANT- The activities under a grant under subsection (b)
shall be directed to achieve the following goals:
(1) Recognize the overlap between child abuse, including child sexual
abuse, and domestic violence in families, the dynamics of domestic violence,
including its intergenerational transmission, the dangers posed to both
child and adult victims and the physical, emotional, and developmental
impact on children.
(2) Increase collaboration between child welfare service agencies and
domestic violence and sexual assault service providers.
(3) Develop and implement policies, procedures, and practice guidelines
to--
(A) reflect the principles stated in subsection (b);
(B) identify and assess domestic violence in child protection cases;
and
(C) ensure the confidentiality of information on families shared
between child welfare service agencies and local domestic violence and
sexual assault programs.
(4) Develop appropriate responses in cases of domestic violence,
including a safety plan and other appropriate services and interventions
that ensure the safety of both the child and adult victims.
(5) Create links between child welfare service agencies, community-based
domestic violence and sexual assault programs, rape crisis centers, and
other entities addressing the safety, health, mental health, social
services, housing, and economic needs of child and adult victims of domestic
violence and sexual assault.
(6) Collect data indicating the number of child protection cases
identified as involving domestic violence and the number of such cases that
repeatedly return to the child welfare services system.
(d) ELIGIBILITY- Eligible grantees are States, Indian tribal
organizations, or units of local government that are partnering with domestic
violence service providers, State or tribal domestic violence or sexual
assault coalitions, or other private nonprofit domestic violence or sexual
assault organizations that have a documented history of effective work in the
domestic violence field and on the impact of domestic violence on children,
and that jointly submit an application to the Attorney General and the
Secretary of Health and Human Services that include the following:
(1) Outlines the specific activities that will be undertaken to achieve
the goals set forth in subsection (c).
(2) Agrees to develop over a 3-year period, in collaboration with other
organizations, a range of training resources, policies, procedures, and
services for child and adult victims of domestic violence and sexual assault
that include at least the following:
(A) Relevant protocols for the screening, intake, assessment,
investigation, and followup to reports of abuse and neglect and a
procedure and schedule for training child welfare staff about domestic
violence and sexual assault and their impact on children and adult victims
and the appropriate use of these protocols. The training shall include
line staff, supervisors, and administrators, and begin with staff
responsible for screening, intake, assessment, and investigation of
reports of child abuse and neglect. The training shall be conducted in
collaboration with domestic violence and sexual assault experts and staff
from community-based domestic violence and sexual assault programs, rape
crisis centers, and relevant law enforcement representatives. At a
minimum, the protocols and training shall address the following:
(i) Dynamics of domestic violence and its relationship to child
abuse, including its intergenerational transmission.
(ii) Screening for domestic violence and sexual assault and
assessing danger to the child and adult victims.
(iii) Applicable Federal, State, and local laws pertaining to
domestic violence and sexual assault.
(iv) Appropriate interventions for child and adult victims that
protect the safety of both and give appropriate consideration to
preserving those family members not responsible for the
abuse.
(v) Appropriate supervision of staff working with families where
there has been domestic violence, including issues regarding worker
safety.
(vi) Protecting the safety and confidentiality of the child and
adult victims consistent with mandatory child abuse reporting
laws.
(B) Community-based networks of services and supports that respond
effectively to the comprehensive needs of child and adult victims of
domestic violence and sexual assault and include at least the
following:
(i) Appropriate referrals to community-based domestic violence and
sexual assault programs and rape crisis centers.
(ii) Emergency shelter and transitional housing for abused parents
and their children.
(iii) Legal assistance and advocacy for victims, including, when
appropriate, assistance in obtaining and entering orders of
protection.
(iv) Support and training to assist parents to help their children
cope with the impact of domestic violence and sexual
assault.
(v) Programs to help children who have witnessed domestic
violence.
(vi) Health, mental health, and other necessary supportive
services.
(vii) Assistance to obtain necessary economic supports.
(3) Identifies the agencies that will be responsible for carrying out
the initiative and includes documentation from community-based domestic
violence and sexual assault programs and rape crisis centers that they have
been involved in the development of the application and describes their
ongoing involvement in the development of the training and modification of
policies, procedures, programs, and practices, including their potential
roles as subcontractors.
(e) PRIORITY- In awarding grants under subsection (b), the Attorney
General and the Secretary of Health and Human Services shall give priority to
applicants that already have demonstrated a commitment to educate staff of
child welfare service agencies and domestic violence and sexual assault
programs about the impact of domestic violence on children, the special risks
of child abuse and neglect, and appropriate services and interventions for
protecting both the child and adult victims of domestic violence and sexual
assault.
(f) EVALUATION, REPORTING, AND DISSEMINATION- Each grantee receiving funds
under subsection (b) shall submit annually a report to the Attorney General
and the Secretary of Health and Human Services evaluating the effectiveness of
activities developed with the funds provided under subsection (b) and
containing such additional information as the Attorney General and the
Secretary shall require. In addition, the Attorney General and the Secretary
shall within 6 months of the conclusion of the grants distribute to all State
child welfare agencies, State and tribal domestic violence and sexual assault
coalitions, and to the Congress summaries of the activities implemented by the
grantees and related initiatives undertaken by the Department of Justice and
Department of Health and Human Services to promote attention by child welfare
staff and staff of domestic violence and sexual assault agencies to domestic
violence and sexual assault and its impact on its child and adult victims.
(g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out the grant program $3,000,000 for fiscal year 2000,
$4,000,000 for fiscal year 2001, $5,000,000 for fiscal year 2002, $5,000,000
for fiscal year 2003, and $5,000,000 for fiscal year 2004. Each eligible
grantee shall receive an amount to be determined by the Attorney General and
the Secretary, but not less than $250,000 a year.
Subtitle F--Child Abuse Accountability
SEC. 261. SHORT TITLE.
This subtitle may be cited as the `Child Abuse Accountability Act'.
SEC. 262. AMENDMENTS TO TITLE I OF THE EMPLOYEE RETIREMENT INCOME SECURITY
ACT OF 1974.
(a) CREATION OR ASSIGNMENT OF RIGHTS TO BENEFITS UNDER QUALIFIED CHILD
ABUSE ORDERS- Section 206(d)(3)(A) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1056(d)(3)(A)) is amended--
(1) by inserting `or a child abuse order' after `a domestic relations
order';
(2) by inserting `or a qualified child abuse order' after `a qualified
domestic relations order'; and
(3) by inserting `or any qualified child abuse order' after `any
qualified domestic relations order'.
(b) QUALIFIED CHILD ABUSE ORDERS- Section 206(d)(3)(B) of such Act (29
U.S.C. 1056(d)(3)(B)) is amended--
(1) in clause (i), by striking `the term' and inserting `The term', and
by striking `, and' at the end and inserting a period;
(2) in clause (ii), by striking `the term' and inserting `The term';
and
(3) by adding at the end the following new clauses:
`(iii) The term `qualified child abuse order' means a child abuse
order--
`(I) which creates or recognizes the existence of an alternate payee's
right to, or assigns to an alternate payee the right to, receive all or a
portion of the benefits payable with respect to a participant under a
plan, and
`(II) with respect to which the requirements of subparagraphs (C) and
(D) are met.
`(iv) The term `child abuse order' means any court order or other
similar process for the enforcement of a judgment rendered against a
participant or beneficiary under a plan for physically, sexually, or
emotionally abusing a child. For purposes of this clause--
`(I) The term `judgment rendered for physically, sexually, or
emotionally abusing a child' means any legal claim perfected through a
final enforceable judgment, which claim is based in whole or in part
upon the physical, sexual, or emotional abuse of a child, whether or not
that abuse is accompanied by other actionable wrongdoing, such as sexual
exploitation or gross negligence.
`(II) The term `child' means an individual under 18 years of
age.'.
(c) EXEMPTION FROM PREEMPTION- Section 514(b)(7) of such Act (29 U.S.C.
1144(b)(7)) is amended by inserting `qualified child abuse orders (within the
meaning of section 206(d)(3)(B)(iii))' after `section 206(d)(3)(B)(i)),'.
(d) CONFORMING AMENDMENTS- Section 206(d)(3) of such Act (29 U.S.C.
1056(d)(3)) is amended--
(1) in subparagraph (C), by inserting `or child abuse order' after `A
domestic relations order';
(2) in subparagraph (D), by inserting `or child abuse order' after `A
domestic relations order';
(3) in subparagraph (E)(i), by inserting `or child abuse order' after `A
domestic relations order';
(4) in subparagraph (G)(i), by inserting `or child abuse order' after
`any domestic relations order', by striking `domestic relations orders' in
subclause (I) and inserting `such an order', and by inserting `or a
qualified child abuse order' in subclause (II) after `a qualified domestic
relations order';
(5) in subparagraph (G)(ii), by inserting `and child abuse orders' after
`domestic relations orders', and by inserting `or child abuse order' after
`domestic relations order' each place it appears in subclauses (II) and
(III);
(6) in subparagraph (H)(i), by inserting `or whether a child abuse order
is a qualified child abuse order' after `whether a domestic relations order
is a qualified domestic relations order', and by inserting `or a qualified
child abuse order' after `to be a qualified domestic relations order';
(7) in subparagraph (H)(ii), by inserting `or a qualified child abuse
order' after `a qualified domestic relations order';
(8) in subparagraph (H)(iii), by inserting `(in the case of a domestic
relations order) or a qualified child abuse order (in the case of a child
abuse order)' after `a qualified domestic relations order' each place it
appears in subclauses (I) and (II);
(9) in subparagraph (H)(iv), by inserting `or a qualified child abuse
order' after `a qualified domestic relations order';
(10) in subparagraph (H)(v), by inserting `or child abuse order' after
`the domestic relations order';
(11) in subparagraph (I)(i), by inserting `or child abuse order' after
`a domestic relations order', and by inserting `or qualified child abuse
order, respectively' after `a qualified domestic relations order';
(12) in subparagraph (J), by inserting `or a qualified child abuse
order' after `a qualified domestic relations order';
(13) in subparagraph (K), by inserting `or child abuse order' after `a
domestic relations order'; and
(14) in subparagraph (M), by inserting `or a qualified child abuse
order' after `a qualified domestic relations order'.
SEC. 263. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.
(a) CREATION OR ASSIGNMENT OF RIGHTS TO BENEFITS UNDER QUALIFIED CHILD
ABUSE ORDERS- Subparagraph (B) of section 401(a)(13) of the Internal Revenue
Code of 1986 (relating to assignment of benefits) is amended--
(1) by inserting `OR CHILD ABUSE ORDERS' after `DOMESTIC RELATIONS
ORDERS' in the heading;
(2) by inserting `or a child abuse order' after `a domestic relations
order'; and
(3) by inserting `or a qualified child abuse order' after `a qualified
domestic relations order'.
(b) QUALIFIED CHILD ABUSE ORDERS- Section 414(p) of such Code (defining
qualified domestic relations order) is amended--
(1) in the heading, by inserting `AND QUALIFIED CHILD ABUSE ORDER' after
`ORDER'; and
(2) in paragraph (1), by adding at the end the following new
subparagraphs:
`(C) QUALIFIED CHILD ABUSE ORDER- The term `qualified child abuse
order' means a child abuse order--
`(i) which creates or recognizes the existence of an alternate
payee's right to, or assigns to an alternate payee the right to, receive
all or a portion of the benefits payable with respect to a participant
under a plan, and
`(ii) with respect to which the requirements of paragraphs (2) and
(3) are met.
`(i) IN GENERAL- The term `child abuse order' means any court order
or other similar process for the enforcement of a judgment rendered
against a participant or beneficiary under a plan for physically,
sexually, or emotionally abusing a child.
`(ii) DEFINITIONS- For purposes of this subparagraph--
`(I) The term `judgment rendered for physically, sexually, or
emotionally abusing a child' means any legal claim perfected through a
final enforceable judgment, which claim is based in whole or in part
upon the physical, sexual, or emotional abuse of a child, whether or
not that abuse is accompanied by other actionable wrongdoing, such as
sexual exploitation or gross negligence.
`(II) The term `child' means an individual under 18 years of
age.'.
(c) CONFORMING AMENDMENTS- Subsection (p) of section 414 of such Code is
amended--
(1) in paragraph (2), by inserting `or child abuse order' after `A
domestic relations order';
(2) in paragraph (3), by inserting `or child abuse order' after `A
domestic relations order';
(3) in paragraph (4)(A), by inserting `or child abuse order' after `a
domestic relations order';
(4) in paragraph (6)(A), by inserting `or child abuse order' after `any
domestic relations order', by striking `domestic relations orders' in clause
(i) and inserting `such an order', and by inserting `or a qualified child
abuse order' in clause (ii) after `a qualified domestic relations
order';
(5) in paragraph (6)(B), by inserting `and child abuse orders' after
`domestic relations orders';
(6) in paragraph (7)(A), by inserting `or whether a child abuse order is
a qualified child abuse order' after `whether a domestic relations order is
a qualified domestic relations order', and by inserting `or a qualified
child abuse order' after `to be a qualified domestic relations order';
(7) in paragraph (7)(B), by inserting `OR QUALIFIED CHILD ABUSE ORDER'
in the heading after `QUALIFIED DOMESTIC RELATIONS ORDER', and by inserting
`or a qualified child abuse order' after `a qualified domestic relations
order';
(8) in paragraph (7)(C), by inserting `(in the case of a domestic
relations order) or a qualified child abuse order (in the case of a child
abuse order)' after `a qualified domestic relations order' each place it
appears in clauses (i) and (ii);
(9) in paragraph (7)(D), by inserting `or a qualified child abuse order'
after `a qualified domestic relations order';
(10) in paragraph (7)(E), by inserting `or child abuse order' after `the
domestic relations order';
(11) in paragraph (8), by inserting `or child abuse order' after `a
domestic relations order';
(12) in paragraph (9), by inserting `or a qualified child abuse order'
after `a qualified domestic relations order';
(13) in paragraph (10), by inserting `or a qualified child abuse order'
after `a qualified domestic relations order'; and
(14) in paragraph (11), by inserting `(in the case of a domestic
relations order) or a qualified child abuse order (in the case of a child
abuse order)' after `pursuant to a qualified domestic relations order', and
by inserting `or a child abuse order' after `pursuant to a domestic
relations order'.
(d) TAX TREATMENT OF DISTRIBUTIONS PURSUANT TO QUALIFIED CHILD ABUSE
ORDERS-
(1) ALTERNATE PAYEE SHALL INCLUDE BENEFITS IN GROSS INCOME- Paragraph
(1) of section 402(e) of such Code (relating to alternate payee under
qualified domestic relations order treated as distributee) is amended by
inserting `or qualified child abuse order' after `a qualified domestic
relations order' each place it appears.
(2) ALLOCATION OF INVESTMENT IN THE CONTRACT- Paragraph (10) of section
72(m) of such Code (relating to determination of investment in the contract
in the case of qualified domestic relations orders) is amended--
(A) in the heading, by inserting `AND QUALIFIED CHILD ABUSE ORDERS'
after `QUALIFIED DOMESTIC RELATIONS ORDERS'; and
(B) by inserting `or qualified child abuse order' after `a qualified
domestic relations order'.
(3) CLARIFICATION OF ELIGIBILITY OF PARTICIPANT FOR LUMP SUM
TREATMENT-
(A) Subparagraph (H) of section 402(d)(4) of such Code (relating to
balance to credit of employee not to include amounts payable under
qualified domestic relations order) is amended--
(i) in the heading, by inserting `OR QUALIFIED CHILD ABUSE ORDER'
after `QUALIFIED DOMESTIC RELATIONS ORDER'; and
(ii) by inserting `or qualified child abuse order' after `a
qualified domestic relations order'.
(B) Subparagraph (J) of section 402(d)(4) of such Code is amended by
inserting `, or under a qualified child abuse order (within the meaning of
section 414(p)) of the balance to the credit of an alternate payee,' after
`former spouse of the employee'.
SEC. 264. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect on January 1, 1999,
except that, in the case of a child abuse order entered before such date, the
plan administrator--
(1) shall treat such order as a qualified child abuse order if such
administrator is paying benefits pursuant to such order on such date,
and
(2) may treat any other such order entered before such date as a
qualified child abuse order even if such order does not meet the
requirements of such amendments.
TITLE III--SEXUAL ASSAULT PREVENTION
Subtitle A--Rape Prevention Education
SEC. 301. TRANSFER OF RAPE PREVENTION AND EDUCATION PROGRAM.
Part J of title III of the Public Health Service Act is amended by
inserting after section 393A the following new section:
`SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
`(1) PERMITTED USE- Notwithstanding section 1904(a)(1), amounts
transferred by the State for use under this part shall be used for rape
prevention and education programs conducted by rape crisis centers and
private nonprofit nongovernmental State and tribal sexual assault coalitions
for--
`(A) educational seminars;
`(B) the operation of hotlines;
`(C) training programs for professionals;
`(D) the preparation of informational material; and
`(E) other efforts to increase awareness of the facts about, or to
help prevent, sexual assault, including efforts to increase awareness in
underserved communities (as defined in section 2003(7) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7) as
amended by section 643(c)).
`(A) POPULATIONS- The Secretary shall make grants under subsection (a)
to each State on the basis of the population of the State.
`(B) RAPE PREVENTION AND EDUCATION PROGRAMS- No State may use funds
made available by reason of paragraph (1) in any fiscal year for
administration of any prevention program other than the rape prevention
and education program for which grants are made under paragraph
(1).
`(C) AVAILABILITY- Any amount paid to a State for a fiscal year and
remaining unobligated at the end of such year shall remain available for
the next fiscal year to such State for the purposes for which it was
made.
`(D) ADMINISTRATIVE AND TECHNICAL ASSISTANCE- The Secretary shall use
not more
than 5 percent of the funds available under paragraph (1) for the purposes of
administrative and technical assistance.'.
`(E) TARGETING OF EDUCATION PROGRAMS- States receiving grant moneys
under paragraph (1) shall ensure that at least 25 percent of the moneys
are devoted to educational programs targeted for middle school, junior
high, and high school aged students. The programs targeted under this
subsection shall be conducted by rape crisis centers and State and tribal
sexual assault coalitions.
`(b) NATIONAL RESOURCE CENTER-
`(1) ESTABLISHMENT- At such time as appropriations under subsection (c)
reach at least $80,000,000, the Secretary of Health and Human Services
shall, through the National Center for Injury Prevention and Control at the
Centers for Disease Control and Prevention, establish a National Resource
Center on Sexual Assault to provide resource information, policy, training,
and technical assistance to Federal, State, and Indian tribal agencies, as
well as to State and tribal sexual assault coalitions and local sexual
assault programs and to other professionals and interested parties on issues
relating to sexual assault. The Resource Center shall maintain a central
resource library in order to collect, prepare, analyze, and disseminate
information and statistics and analyses thereof relating to the incidence
and prevention of sexual assault.
`(2) ELIGIBLE ORGANIZATIONS- The Secretary shall award a grant under
paragraph (1) to a private nonprofit organization which can--
`(A) demonstrate that it has recognized expertise in the area of
sexual assault, a record of high-quality services to victims of sexual
assault, including a demonstration of support from advocacy groups, such
as State and tribal sexual assault coalitions or recognized national
sexual assault groups; and
`(B) demonstrate a commitment to diversity and to the provision of
services to underserved populations as defined in section 2003(7) of the
Omnibus Crime Control and Safe Street Act of 1968 (42 U.S.C.
3796gg-2(7)).
`(c) AUTHORIZATION OF APPROPRIATIONS-
`(1) IN GENERAL- There are authorized to be appropriated to carry out
this section--
`(A) $80,000,000 for fiscal year 2000;
`(B) $105,000,000 for fiscal year 2001;
`(C) $105,000,000 for fiscal year 2002;
`(D) $155,000,000 for fiscal year 2003; and
`(E) $155,000,000 for fiscal year 2004.
Funds authorized to be appropriated under this section are appropriated
from the Violent Crime Reduction Fund pursuant to section 31001(c) of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211(c))
and paragraph (16) under the definition of `prevention program' in section
31001(d) of such Act (42 U.S.C. 14214(d)).
`(2) SEXUAL ASSAULT COALITIONS- At such time as appropriations under
subsection (c) reach at least $80,000,000, the Secretary shall designate 15
percent of the total amount appropriated to be used for making grants to
nonprofit, nongovernmental State sexual assault coalitions to address public
health issues associated with sexual assault through training, resource
development, or similar research.
`(3) INDIAN COUNTRY- At such time as the appropriations under subsection
(c) reach at least $80,000,000, there shall be awarded by the Secretary not
less than 5 percent of such amounts for the funding of tribal sexual assault
coalitions. To be eligible for a grant under this paragraph, an entity shall
be a private nonprofit coalition whose membership includes representatives
from a majority of the programs for adult and child victims of sexual
assault operating within the boundaries of such Indian country and programs
whose primary purpose is serving the population of an Indian reservation,
and whose board membership is representative of such programs. Such
coalitions shall further the purposes of sexual assault intervention and
prevention through activities including--
`(A) training and technical assistance for local Indian sexual assault
programs and providers of direct services to encourage appropriate
responses to sexual assault in Indian country;
`(B) planning and conducting needs assessments and planning for
comprehensive services in Indian country;
`(C) serving as an information clearinghouse and resource center for
any Indian reservation represented by the coalition receiving these
funds;
`(D) collaborating with Indian, State, and Federal systems which
affect adult and child
victims of sexual assault in Indian country, including judicial, law
enforcement, and child protective services agencies, to encourage appropriate
responses to sexual assault cases;
`(E) conducting public education and outreach activities addressing
sexual assault in Indian country;
`(F) collaborating with sexual assault coalitions in the areas
described above; and
`(G) participating in planning and monitoring of the distribution of
grants and grant funds to Indian reservation and tribal organizations
under this section.
`(4) SUBSECTION (b) ALLOTMENT- Of the amount appropriated for any fiscal
year under this section, at least $1,000,000 shall be made available for
grants under subsection (b), with yearly increases of at least 10 percent of
the prior year's allotment.
`(1) A State may use funds under subsection (a) only so as to supplement
and, to the extent practicable, increase the level of funds that would be
available from non-Federal sources for the activities described in
subsection (a), and in no case may such funds be used to supplant funds from
other sources.
`(2) A State may not use more than 2 percent of the funds received in
each fiscal year under this section for surveillance studies or prevalence
studies and funds for such studies shall be available only at such time as
appropriations under subsection (c) reach at least $80,000,000.
`(3) A State may not use more than 5 percent of funds received in each
fiscal year under subsection (a) for administrative expenses.
`(1) RAPE PREVENTION AND EDUCATION- For purposes of this section, the
term `rape prevention and education' includes education and prevention
efforts directed at sexual offenses committed by offenders who are not known
to the victim as well as offenders who are known to the victim.
`(2) SEXUAL ASSAULT- The term `sexual assault' means any conduct
proscribed by chapter 109A of title 18, United States Code, whether or not
the conduct occurs in the special maritime and territorial jurisdiction of
the United States or in a Federal prison and includes both assaults
committed by offenders who are strangers to the victim and assaults
committed by offenders who are known to the victim or related by blood or
marriage to the victim.
`(3) RAPE CRISIS CENTER- The term `rape crisis center' means a private,
nonprofit, nongovernmental organization that is organized, or has as one of
its primary purposes, to provide services for victims of sexual assault and
has a record of commitment and demonstrated experience in providing services
to victims of sexual assault.
`(4) SEXUAL ASSAULT PROGRAM- The term `sexual assault program' means a
private, nonprofit, nongovernmental organization that is organized, or has
as one of its primary purposes, to provide services for victims of sexual
assault and has a record of commitment and demonstrated experience in
providing services to victims of sexual assault.
`(5) STATE COALITION OF SEXUAL ASSAULT PROGRAMS- The term `State
coalition of sexual assault programs' means a statewide nonprofit,
nongovernmental membership organization of a majority of sexual assault
programs within the State that, among other activities, provides training
and technical assistance to sexual assault programs within the State,
commonwealth, territory, or lands under military, Federal, or tribal
authority.'.
SEC. 302. RAPE PREVENTION EDUCATION.
(a) REPEAL- Section 1910A of the Public Health and Human Services Act (42
U.S.C. 300w-10) is repealed.
(b) EFFECTIVE DATE- The repeal made by subsection (a) of this section
shall take effect the day after the date of enactment of this Act.
Subtitle B--Standards, Practice, and Training for Sexual Assault
Examinations
SEC. 311. SHORT TITLE.
This subtitle may be cited as the `Standards, Practice, and Training for
Sexual Assault Forensic Examinations Act'.
SEC. 312. STANDARDS, PRACTICE, AND TRAINING FOR SEXUAL ASSAULT FORENSIC
EXAMINATIONS.
(a) IN GENERAL- The Attorney General, in conjunction with the Secretary of
Health and Human Services, shall--
(1) evaluate existing standards of training and practice for licensed
health care professionals performing sexual assault forensic examinations
and develop a national recommended standard for training;
(2) recommend sexual assault forensic examination training for all
health care students to improve the recognition of injuries suggestive of
rape and sexual assault and baseline knowledge of appropriate referrals in
victim treatment and evidence collection; and
(3) review existing national, State, tribal, and local protocols on
sexual assault forensic examinations, and based on this review, develop a
recommended national protocol and establish a mechanism for its nationwide
dissemination.
(b) CONSULTATION- The Attorney General and the Secretary of Health and
Human Services shall consult with national, State, tribal, and local experts
in the area of rape and sexual assault, including rape crisis centers, State
and tribal sexual assault and domestic violence coalitions and programs, and
programs for criminal justice, forensic nursing, forensic science, emergency
room medicine, law, social services, and sex crimes in underserved communities
(as defined in section 2003(7) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg-2(7) as amended by section 643(c)).
(c) REPORT- The Attorney General and the Secretary of Health and Human
Services shall ensure that no later than 1 year after the date of enactment of
this Act, a report of the actions taken pursuant to subsection (a) is
submitted to Congress.
(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section $200,000 for fiscal year 2000.
Subtitle C--Violence Against Women Training for Health
Professions
SEC. 331. SHORT TITLE.
This subtitle may be cited as the `Violence Against Women Training for
Health Professions Act'.
SEC. 332. ESTABLISHMENT, FOR CERTAIN HEALTH PROFESSIONS PROGRAMS, OF
PROVISIONS REGARDING DOMESTIC VIOLENCE AND SEXUAL ASSAULT.
Section 791 of the Public Health Service Act (42 U.S.C. 295j) is amended
by redesignating subsection (c) as subsection (d), and by inserting after
subsection (b) the following:
`(c) PREFERENCES REGARDING TRAINING IN IDENTIFICATION AND REFERRAL OF
VICTIMS OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT-
`(1) IN GENERAL- In the case of a health professions entity specified in
paragraph (2), the Secretary shall, in making awards of grants or contracts
under this title, give preference to any such entity (if otherwise a
qualified applicant for the award involved) that has in effect the
requirement that, as a condition of receiving a degree or certificate (as
applicable) from the entity, each student have had significant training
developed in consultation and collaboration with national, State, tribal,
and local domestic violence and sexual assault coalitions and programs in
carrying out the following functions as a provider of health care:
`(A) Universal screening for victims of domestic violence and sexual
assault and maintaining complete medical records that include
documentation of the examination and treatment given, referrals made, and
recording the location and nature of the victim's injuries.
`(B) Examining and treating such victims, within the scope of the
health professional's discipline, training, and practice, including, at a
minimum, providing medical advice regarding the dynamics and nature of
domestic violence and sexual assault.
`(C) Referring the victims to public and nonprofit private entities
that provide services for such victims.
`(2) RELEVANT HEALTH PROFESSIONS ENTITIES- For purposes of paragraph
(1), a health professions entity specified in this paragraph is any entity
that is a school of medicine, a school of osteopathic medicine, a graduate
program in mental health practice, a school of nursing (as defined in
section 853), a program for the training of physician assistants, or a
program for the training of allied health professionals.
`(3) REPORT TO CONGRESS- Not later than 2 years after the date of the
enactment of the Violence Against Women Training for Health Professions Act,
the Secretary shall submit to the Committee on Commerce of the House of
Representatives and the Committee on Labor and Human Resources of the
Senate, a report specifying the health professions entities that are
receiving preference under paragraph (1); the number of hours of training
required by the entities for purposes of such paragraph; the extent of
clinical experience so required; and the types of courses through which the
training is being provided, including the extent of involvement of nonprofit
nongovernmental domestic violence and sexual assault victims services
programs in the training.
`(4) DEFINITIONS- For purposes of this subsection:
`(A) DOMESTIC VIOLENCE- The term `domestic violence' includes acts or
threats of violence, not including acts of self defense, committed by a
current or former spouse of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabiting with or has
cohabited with the victim, by a person who is or has been in a continuing
social relationship of a romantic or intimate nature with the victim, by a
person similarly situated to a spouse of the victim under the domestic or
family violence laws of the jurisdiction, or by any other person against a
victim who is protected from that person's acts under the domestic or
family violence laws of the jurisdiction.
`(B) SEXUAL ASSAULT- The term `sexual assault' means any conduct
proscribed by chapter 109A of title 18, United States Code, whether or not
the conduct occurs in the special maritime and territorial jurisdiction of
the United States or in a Federal prison and includes both assaults
committed by offenders who are strangers to the victim and assaults
committed by offenders who are known to the victim or related by blood or
marriage to the victim.'.
Subtitle D--Prevention of Custodial Sexual Assault by Correctional
Staff
SEC. 341. SHORT TITLE.
This subtitle may be cited as the `Prevention of Custodial Sexual Assault
by Correctional Staff Act'.
SEC. 342. FINDINGS.
Congress finds the following:
(1) According to an extensive 1996 report by the Women's Rights Project
of Human Rights Watch, sexual abuse of women prisoners by correctional
officers is a serious problem in our Nation's prisons, jails, and
correctional facilities.
(2) Custodial sexual assault of women by correctional officers includes
documented incidents of vaginal, oral, and anal rape.
(3) Because correctional officers wield near absolute power over female
prisoners, officers may abuse that power to sexually assault and abuse
female prisoners, as well as engage in constant groping, harassment, and
other abuse.
SEC. 343. ESTABLISHMENT OF PREVENTION PROGRAM.
(1) IN GENERAL- The Attorney General shall establish guidelines for
States and disseminate such information to the States regarding the
prevention of custodial sexual misconduct by correctional staff.
(2) REQUIREMENTS- Such guidelines shall include requirements
that--
(A) prohibit a State department of corrections from hiring
correctional staff who have been convicted on criminal charges, or found
liable in civil suits, for custodial sexual misconduct; and
(B) each State department of corrections maintain databases, including
the names and identifying information of individuals who have been
convicted on criminal charges or found liable in civil suits for custodial
sexual misconduct, and check these databases prior to hiring any
correctional staff.
(3) NATIONAL DATABASE- The information referred to in paragraph (2)(B)
shall also be submitted to the Department of Justice where it will be
maintained and updated on a national database.
(b) RELEASE OF INFORMATION- The information collected under subsection
(a)(2)(B) shall be treated as private data except that--
(1) such information may be disclosed to law enforcement agencies for
law enforcement purposes;
(2) such information may be disclosed to government agencies conducting
confidential background checks; and
(3) the designated State law enforcement agency and any local law
enforcement agency authorized by the State agency may release relevant
information that is necessary to protect prisoners concerning a specific
person whose name is included in the database, except that the identity of a
victim of an offense that requires information to be maintained under this
section shall not be released.
(c) IMMUNITY FOR GOOD FAITH CONDUCT- Law enforcement agencies, employees
of law enforcement agencies, and State officials shall be immune from criminal
or civil liability for good faith conduct in releasing information under this
section.
(d) INELIGIBILITY FOR FUNDS-
(1) IN GENERAL- A State that fails to implement the program as described
under this section shall not receive 10 percent of the funds that would
otherwise be allocated to the State under subtitle A of title II of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
13701).
(2) REALLOCATION- Any funds that are not allocated for failure to comply
with this section shall be reallocated to States that comply with this
section.
(3) COMPLIANCE DATE- Each State shall have not more than 3 years from
the date of enactment of this Act in which to implement this section, except
that the Attorney General may grant an additional 2 years to a State that is
making good faith efforts to implement this section.
SEC. 344. PROHIBITED SEXUAL CONDUCT BY CORRECTIONAL STAFF.
(a) REDUCTION OF FUNDS- In addition to the reduction of funds under
section 343(d)(1), a State that does not have criminal penalties or a State
that fails to implement criminal penalties explicitly prohibiting custodial
sexual misconduct by correctional staff against prisoners shall not receive 10
percent of the funds that would otherwise be allocated to the State under
subtitle A of title II of the Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 13701).
(b) REALLOCATION- Any funds that are not allocated for failure to comply
with this section shall be reallocated to States that comply with this
section.
(c) COMPLIANCE DATE- Each State shall have not more than 3 years from the
date of enactment of this Act in which to implement this section, except that
the Attorney General may grant an additional 2 years to a State that is making
good faith efforts to implement this section.
SEC. 345. NATIONAL SEXUAL CONTACT HOTLINE FOR PRISONERS.
(a) IN GENERAL- Not later than one year after the date of the enactment of
this Act, the Attorney General shall create a national, confidential,
toll-free telephone hotline to collect data and to provide information and
assistance to prisoners who have experienced custodial sexual misconduct by
corrections staff.
(b) ACTIVITIES- Funds authorized under this section shall be utilized to
establish and operate a national, confidential, toll-free sexual contact
hotline. Such funds shall be used for activities, including--
(1) contracting with a carrier for the use of a toll-free telephone
line;
(2) employing, training, and supervising personnel to answer incoming
calls and provide counseling and referral services to callers;
(3) assembling, maintaining, and continually updating a database of
information and resources to
which callers may be referred throughout the United States;
(4) publicizing the hotline to prisoners throughout the United States;
and
(5) tracking of the number of reports, including the name and location
of the individual reporting the offender, and incidents.
(c) REPORTING OF INFORMATION- Information regarding the number of reports
and the status of those reports shall be included in the Attorney General's
annual report to Congress.
(d) PROCESSING REPORTS- Reports may be referred to the criminal section of
the Civil Rights Division of the Department of Justice for investigation or
for referral to the appropriate State agency for investigation.
(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section $300,000 for fiscal year 2000 and
$100,000 for each of the fiscal years 2001, 2002, 2003, and 2004.
SEC. 346. DEFINITIONS.
For purposes of this subtitle:
(1) CORRECTIONAL STAFF- The term `correctional staff' means any
employee, contractual employee, volunteer, or agent of a correctional
department who is working in any contact position with any prisoners under
the jurisdiction of that department.
(2) CUSTODIAL SEXUAL MISCONDUCT- The term `custodial sexual misconduct'
means any physical contact, directly or through the clothing, with the
sexual or intimate parts of a person for the purpose of sexual gratification
of either party, when the--
(A) parties involved are a person in custody of a correctional
department and a member of the correctional staff; or
(B) contact occurs under circumstances of coercion, duress, or threat
of force by a member of the correctional staff.
Subtitle E--Hate Crimes Prevention
SEC. 351. SHORT TITLE.
This subtitle may be cited as the `Hate Crimes Prevention Act of 1999'.
SEC. 352. FINDINGS.
(1) the incidence of violence motivated by the actual or perceived race,
color, national origin, religion, sexual orientation, gender, or disability
of the victim poses a serious national problem;
(2) such violence disrupts the tranquility and safety of communities and
is deeply divisive;
(3) existing Federal law is inadequate to address this problem;
(4) such violence affects interstate commerce in many ways,
including--
(A) impeding the movement of members of targeted groups and forcing
such members to move across State lines to escape the incidence or risk of
such violence; and
(B) preventing members of targeted groups from purchasing goods and
services, obtaining or sustaining employment, or participating in other
commercial activity;
(5) perpetrators cross State lines to commit such violence;
(6) instrumentalities of interstate commerce are used to facilitate the
commission of such violence;
(7) such violence is committed using articles that have traveled in
interstate commerce;
(8) violence motivated by bias that is a relic of slavery can constitute
badges and incidents of slavery;
(9) although many local jurisdictions have attempted to respond to the
challenges posed by such violence, the problem is sufficiently serious,
widespread, and interstate in scope to warrant Federal intervention to
assist such jurisdictions; and
(10) many States have no laws addressing violence based on the actual or
perceived race, color, national origin, religion, sexual orientation,
gender, or disability, of the victim, while other States have laws that
provide only limited protection.
SEC. 353. DEFINITION OF HATE CRIME.
In this Act, the term `hate crime' has the same meaning as given such term
by section 280003(a) of the Violent Crime Control and Law Enforcement Act of
1994 (28 U.S.C. 994 note).
SEC. 354. PROHIBITION OF CERTAIN ACTS OF VIOLENCE.
Section 245 of title 18, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections (d) and (e),
respectively; and
(2) by inserting after subsection (b) the following:
`(c)(1) Whoever, whether or not acting under color of law, willfully
causes bodily injury to any person or, through the use of fire, a firearm, or
an explosive device or attempts to cause bodily injury to any person, because
of the actual or perceived race, color, religion, or national origin of any
person--
`(A) shall be imprisoned not more than 10 years, or fined in accordance
with this title, or both; or
`(B) shall be imprisoned for any term of years or for life, or fined in
accordance with this title, or both if--
`(i) death results from the acts committed in violation of this
paragraph; or
`(ii) the acts committed in violation of this paragraph include
kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or an attempt to kill.
`(2)(A) Whoever, whether or not acting under color of law, in any
circumstance described in subparagraph (B), willfully causes bodily injury to
any person or, through the use of fire, a firearm, or an explosive device,
attempts to cause bodily injury to any person, because of the actual or
perceived religion, gender, sexual orientation, or disability of any
person--
`(i) shall be imprisoned not more than 10 years, or fined in accordance
with this title, or both; or
`(ii) shall be imprisoned for any term of years or for life, or fined in
accordance with this title, or both, if--
`(I) death results from the acts committed in violation of this
paragraph; or
`(II) the acts committed in violation of this paragraph include
kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or an attempt to kill.
`(B) For purposes of subparagraph (A), the circumstances described in this
subparagraph are that--
`(i) in connection with the offense, the defendant or the victim travels
in interstate or foreign commerce, uses a facility or instrumentality of
interstate or foreign commerce, or engages in any activity affecting
interstate or foreign commerce; or
`(ii) the offense is in or affects interstate or foreign
commerce.'.
SEC. 355. DUTIES OF FEDERAL SENTENCING COMMISSION.
(a) AMENDMENT OF FEDERAL SENTENCING GUIDELINES- Pursuant to its authority
under section 994 of title 28, United States Code, the United States
Sentencing Commission shall study the issue of adult recruitment of juveniles
to commit hate crimes and shall, if appropriate, amend the Federal sentencing
guidelines to provide sentencing enhancements (in addition to the sentencing
enhancement provided for the use of a minor during the commission of an
offense) for adult defendants who recruit juveniles to assist in the
commission of hate crimes.
(b) CONSISTENCY WITH OTHER GUIDELINES- In carrying out this section, the
United States Sentencing Commission shall--
(1) ensure that there is reasonable consistency with other Federal
sentencing guidelines; and
(2) avoid duplicative punishments for substantially the same
offense.
SEC. 356. GRANT PROGRAM.
(a) AUTHORITY TO MAKE GRANTS- The Attorney General, acting through the
Administrator of the Office of Juvenile Justice and Delinquency Prevention of
the Department of Justice shall make grants, in accordance with such
regulations as the Attorney General may prescribe, to State and local programs
designed to combat hate crimes committed by juveniles.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 357. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND LOCAL
LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the Treasury
and the Department of Justice, including the Community Relations Service, for
fiscal years 2000, 2001, 2002, 2003, and 2004 such sums as are necessary to
increase the number of personnel to prevent and respond to alleged violations
of section 245 of title 18, United States Code, as amended by section 354.
Subtitle F--Rescheduling and Classification of Date-Rape
Drugs
SEC. 361. RECLASSIFICATION OF DATE-RAPE DRUG.
Notwithstanding section 201 of the Controlled Substances Act (21 U.S.C.
811) respecting the scheduling of controlled substances, the Attorney General
shall, by order, transfer flunitrazepam from schedule IV of such Act to
schedule I of such Act.
SEC. 362. CLASSIFICATION OF DATE-RAPE DRUGS.
Notwithstanding section 201 of the Controlled Substances Act (21 U.S.C.
811) respecting the scheduling of controlled substances, the Attorney General
shall, by order, add ketamine to schedule III of such Act and shall, by order,
add Gamma Hydroxy Butyric Acid to schedule I of such Act.
Subtitle G--Access to Safety and Advocacy for Victims of Sexual
Assault
SEC. 371. PURPOSE.
The purpose of this subtitle is to enhance safety and justice for victims
of sexual violence in every State, jurisdiction under military or Federal
control, tribal land, territory, or commonwealth through access to the justice
system and improved legal advocacy and representation.
SEC. 372. GRANTS TO IMPROVE ACCESS TO THE JUSTICE SYSTEM.
(a) ELIGIBLE GRANTEES- Eligible grantees for grants under subsection (c)
are--
(1) sexual assault programs;
(2) State, tribal, and local bar associations;
(3) law school clinical programs;
(4) nonprofit legal services;
(5) court-based pro se programs;
(6) bar association or sexual assault legal information and referral
services or hotlines;
(7) State and tribal coalitions of sexual assault programs; and
(8) tribes and tribal organizations.
(b) ELIGIBLE SERVICES- Activities funded under this subtitle shall be
designed to further the health, confidentiality, safety, and economic needs of
adult and child victims of sexual assault through legal assistance and
advocacy for victims of sexual assault in civil, criminal, and administrative
actions. Activities funded under this subtitle shall include legal assistance
and advocacy on behalf of (1) low-income and indigent persons, or (2) persons
who have inadequate access to sufficient financial resources to secure
appropriate legal assistance.
(c) GRANT AUTHORITY- The Attorney General may make grants for the
following purposes:
(1) To improve the availability and quality of legal assistance and
advocacy to adult and child victims of sexual assault through efforts
directed at stopping the violence, and enhancing the health,
confidentiality, safety, and economic needs of adult and child victims of
sexual assault.
(2) To encourage the development of partnerships between sexual assault
programs and the full spectrum of legal representation and advocacy
programs, including legal services programs, bar associations, legal
hotlines, and law school programs.
(3) To increase participation of the private bar in pro bono or low-cost
representation or assistance to adult and child victims of sexual
assault.
(4) To improve judicial and administrative handling of pro se cases
involving adult and child victims of sexual assault.
(5) To improve the availability and quality of legal representation
through education and training programs on sexual assault in law schools and
continuing professional education programs, including development and
distribution of education materials and practice manuals.
SEC. 373. APPLICATION.
To be eligible for a grant under section 372(c) an applicant shall--
(1) for entities described in paragraphs (2) through (6) of section
372(a), include documentation of an ongoing partnership and working
relationship with a local or tribal sexual assault program or State or
tribal sexual assault coalition;
(2) demonstrate a history of providing direct legal or advocacy services
in a manner that is accountable to the community served;
(A) any person providing legal assistance through a program funded
under a grant under section 372(c) has completed training on sexual
assault law and practice;
(B) any training programs conducted in satisfaction of the requirement
of subparagraph (A) be developed with input from and in collaboration with
a local or tribal sexual assault program or State or tribal sexual assault
coalition;
(C) the grantee's organizational policies do not require or encourage
mediation or counseling involving offenders and victims, in cases where
adult or child sexual assault is an issue; and
(D) any person providing legal assistance through a program funded
under a grant under section 372(c) has informed the State or tribal sexual
assault coalition of their work and participates in any statewide
networking among legal assistance providers to victims of sexual
assault.
SEC. 374. FUNDING.
(a) ALLOCATION OF FUNDS- Of the total amounts appropriated under
subsection (b) in any fiscal year--
(1) at least 45 percent shall be allocated to projects that provide
direct representation to adult and child victims of sexual assault through
staff, volunteers, or partnerships in actions undertaken to achieve or
preserve the health, confidentiality, safety, and economic needs of adult
and child victims of sexual assault;
(2) at least 5 percent shall be used for grants to tribes and tribal
organizations, including tribal courts and tribal bar associations and use
of such funds for grants to tribes and tribal organizations shall in no way
preclude tribes and tribal organizations from receiving additional grants
for direct representation, technical assistance, or any other eligible
purpose under this subtitle;
(3) no more than 25 percent shall be awarded to technical assistance and
training initiatives; and
(4) no more than 5 percent shall be utilized for the costs of
administration.
Grant funds not obligated at the end of the grant period will be
redistributed in the following fiscal year to grantees eligible for grants
under section 372.
(b) FUNDING LEVELS- Funding for grants under section 372 shall be
authorized at the following levels:
(1) $10,000,000 for fiscal year 2000.
(2) $15,000,000 for fiscal year 2001.
(3) $20,000,000 for fiscal year 2002.
(4) $25,000,000 for fiscal year 2003.
(5) $30,000,000 for fiscal year 2004.
(1) Federal funds under a grant under section 372 shall be used to
supplement, not supplant, other Federal and non-Federal funds that would be
available for expenditure on activities described in section 372. Moneys
disbursed under a grant under section 372 shall be used to fund new projects
or to expand or enhance existing projects.
(2) Activities funded under a grant under section 372 shall be conducted
pursuant to any applicable Federal, State, tribal, or local law governing
discrimination on the basis of race, national origin, religion, age, gender,
sexual orientation, or disability. Entities funded under a grant under
section 372 shall not be restricted from providing services because of the
immigration status or sexual orientation of the person seeking
services.
SEC. 375. DEFINITIONS.
For purposes of this subtitle:
(1) SEXUAL ASSAULT- The term `sexual assault' means any conduct
proscribed by chapter 109A of title 18, United States Code, whether or not
the conduct occurs in the special maritime and territorial jurisdictions or
tribal jurisdictions of the United States or in a Federal prison and
includes both assaults committed by offenders who are strangers to the
victim and assaults committed by offenders who are known to the victim or
related by blood or marriage to the victim.
(2) SEXUAL ASSAULT PROGRAM- The term `sexual assault program' means a
nonprofit, nongovernmental organization, the primary purpose of which is to
provide advocacy on behalf of and comprehensive services to victims of
sexual assault including, but not limited to, some combination of the
following: crisis hotlines; counseling; systems advocacy; transportation;
safety planning; information; and referrals to legal assistance.
(3) LAW SCHOOL PROGRAM- The term `law school program' means an
internship, externship, clinic, or other legal representation program or
initiative located at an accredited school of law which has as its primary
purpose the provision of legal representation, information, or assistance to
victims of sexual assault directed at improving the health, confidentiality,
safety, and economic needs of adult and child victims of sexual
assault.
(4) LEGAL ASSISTANCE- The term `legal assistance' includes--
(A) direct representation of and assistance to victims of sexual
assault from intake through adjudication, enforcement and appeal, in any
civil, criminal, or administrative actions which are directed at improving
the health, confidentiality, safety, and economic needs of adult and child
victims of sexual assault; and
(B) legal advocacy, including issue identification, safety planning,
evaluating options, policy analysis, representation enhancement, outreach
activities, accompaniment, information, directories and referral,
monitoring civil, criminal, and administrative proceedings, and
coordination among legal, social, and health care systems, offered by
personnel of sexual assault programs, which are directed at improving the
health, confidentiality, safety, and economic needs of adult and child
victims of sexual assault.
(5) NONPROFIT DIRECT LEGAL SERVICES- The term `nonprofit direct legal
services' means a nonprofit, nongovernmental legal organization which has as
its primary purpose the provision of legal assistance to persons on a
no-cost, sliding scale, deferred payment, or fixed fee basis on civil,
criminal, or administrative matters and which provides specialized
representation to adult and child victims of sexual assault directed at
improving the health, confidentiality, safety, and economic needs of adult
and child victims of sexual assault.
(6) PRO BONO PROGRAM- The term `pro bono program' means a program
affiliated with a State, tribal, or local court, bar association, nonprofit
direct legal services organization, or sexual assault program that offers
no-cost representation, legal educational programs, or information and
referral services to victims of adult and child sexual assault directed at
improving the health, confidentiality, safety, and economic needs of adult
and child victims of sexual assault.
(7) PRO SE PROGRAM- The term `pro se program' means a program based in
the State, tribal, or local courts, in nonprofit direct legal services
organizations, or in sexual assault programs to assist adult and child
victims of sexual assault--
(A) in preparing and filing court pleadings, forms, memos, proposed
orders, and related documents in effecting service and in representation
of themselves in any civil, criminal, or administrative matters or
proceedings directed at improving the health, confidentiality, safety, and
economic needs of adult and child victims of sexual assault;
(B) in developing comprehensive safety plans; and
(C) by providing other information and referral services.
(8) STATE, TRIBAL, AND LOCAL BAR ASSOCIATION- The term `State, tribal,
and local bar association' means a State, tribal, or local association of
attorneys of a specified geographic area whose members are licensed to
practice in the jurisdiction and that offers information, referral, or pro
bono legal services to adult and child victims of sexual assault related to
improving the health, confidentiality, safety, and economic needs of adult
and child victims of sexual assault.
(9) TRIBAL ORGANIZATION- The term `tribal organization' means a tribally
chartered organization or a nonprofit organization operating within the
boundaries of an Indian reservation whose governing body reflects the
population served.
(10) STATE COALITION OF SEXUAL ASSAULT PROGRAMS- The term `State
coalition of sexual assault programs' means a statewide, nonprofit,
nongovernmental membership organization of a majority of sexual assault
programs within a State, that among other activities, provides training and
technical assistance to sexual assault programs within a State,
commonwealth, territory, or lands under military, Federal, or tribal
authority.
TITLE IV--DOMESTIC VIOLENCE PREVENTION
Subtitle A--Domestic Violence and Sexual Assault Victims'
Housing
SEC. 401. SHORT TITLE.
This subtitle may be cited as the `Domestic Violence and Sexual Assault
Victims' Housing Act'.
SEC. 402. FINDINGS.
Congress finds as follows:
(1) Housing can prevent domestic violence and mitigate its effects. The
connection between domestic violence and housing is overwhelming. Of all
homeless women and children, 50 percent are fleeing domestic violence.
(2) Among cities surveyed, 44 percent identified domestic violence as a
primary cause of homelessness.
(3) Women's poverty levels aggravate the problems of homelessness and
domestic violence. Two out
of three poor adults are women. Female-headed households are six times poorer
than male-headed households. In 1996, of the 7,700,000 poor families in the
country, 4,100,000 of them were single female-headed households. In addition,
5,100,000 poor women who are not in families are poor.
(4) Almost 50 percent of the women who receive Temporary Assistance to
Needy Families funds cite domestic violence as a factor in the need for
assistance.
(5) Many women who flee violence are forced to return to their abusers
because of inadequate shelter or lack of money. Even if they leave their
abusers to go to a shelter, they often return home because the isolation
from familiar surroundings, friends, and neighborhood resources makes them
feel even more vulnerable. Shelters and transitional housing facilities are
often located far from a domestic violence victim's neighborhood. While this
placement may be deliberate to protect domestic violence victims from their
abusers, it can also be intimidating and alienating for a woman to leave her
home, community, cultural support system, and all that she knows for shelter
way across town. Thus, women of color and immigrant women are less likely to
become shelter residents.
(6) Women who do leave their abusers lack emergency shelter options. The
overall number of emergency shelter beds for homeless people is estimated to
have decreased by an average of 3 percent in 1997 while requests for shelter
increased on the average by 3 percent. Emergency shelters struggle to meet
the increased need for services with about 32 percent of the requests for
shelter by homeless families going unmet. In fact 88 percent of cities
reported having to turn away homeless families from emergency shelters due
to inadequate resources for services.
(7) Battered women and their children comprise an increasing proportion
of the emergency shelter population. Many emergency shelters have strict
time limits that require women to find alternative housing immediately
forcing them to separate from their children.
(8) A stable, sustainable home base is crucial for women who have left
situations of domestic violence and are learning new job skills,
participating in educational programs, working full-time jobs, or searching
for adequate child care in order to gain self-sufficiency. Transitional
housing resources and services provide a continuum between emergency shelter
provision and independent living.
SEC. 403. AUTHORIZATION OF APPROPRIATIONS.
For purposes of section 404, the authorization of appropriations under
section 429(a) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11389(a)) shall be increased by $50,000,000 for fiscal year 2000 and by such
sums as may be necessary for fiscal years 2000 through 2004.
SEC. 404. USE OF AMOUNTS FOR HOUSING ASSISTANCE FOR VICTIMS OF DOMESTIC
VIOLENCE, STALKING, OR ADULT OR CHILD SEXUAL ASSAULT.
(a) IN GENERAL- The additional amounts to be made available by section 403
under section 429 of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11389) shall be made available by the Secretary only to qualified,
nonprofit, nongovernmental organizations (as such term is defined in section
406) only for the purpose of providing supportive housing (as such term is
referred to in subchapter IV of part C of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11384)) and tenant-based rental assistance,
financial assistance for security deposit, first month's rent, or ongoing
rental assistance on behalf of individuals or families victimized by domestic
violence, stalking, or adult or child sexual assault (as such terms are
defined in section 405) who have left or are leaving a residence as a result
of the domestic violence, stalking, or adult or child sexual assault. Each
recipient shall be required to supplement the assistance provided under this
subsection with a 25 percent match of funds for supportive services (as such
term is referred to in subchapter IV of part C of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11385)) from sources other than this
subsection. Each recipient shall certify to the Secretary its compliance with
this subsection and shall include with the certification a description of the
sources and amounts of such supplemental funds.
(b) DETERMINATION- For purposes of subsection (a), an individual or a
family victimized by domestic violence, stalking, or adult or child sexual
assault shall be considered to have left or to be leaving a residence as a
result of domestic violence, stalking, or adult or child sexual assault if the
qualified, nonprofit, nongovernmental organization providing support,
including tenant-based rental assistance, financial assistance for security
deposit, first month's rent, or ongoing rental assistance under subsection (a)
determines that the individual or member of the family who was a victim of the
domestic violence, stalking, or adult or child sexual assault reasonably
believes that relocation from such residence will assist in avoiding future
domestic violence,
stalking, or adult or child sexual assault against such individual or another
member of the family.
(c) ALLOCATION- Amounts made available pursuant to subsection (a) shall be
allocated by the Secretary on the basis of a national competition among the
qualified, nonprofit, nongovernmental organizations that submit applications
to the Secretary that best demonstrate a need for such assistance, including
the extent of service provided to underserved populations as defined in
section 2003(7) of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg-2(7)) and the ability to undertake and carry out a program under
subsection (a), as the Secretary shall determine. Of the total funds
appropriated under section 403 in any of the enumerated fiscal years, at least
5 percent shall be used for grants to Indian tribes or Indian tribal
organizations that provide emergency shelter, transitional housing, or
permanent housing or supportive services to individuals or families victimized
by domestic violence, stalking, or adult or child sexual assault and Indian
tribes or Indian tribal organizations which receive such grants may apply for
and receive other grants from the total funds appropriated under this
subtitle. All other grants awarded shall go to qualified, nonprofit,
nongovernmental organizations. If, at the end of the 6th month of any fiscal
year for which sums are appropriated under section 403, the amount
appropriated has not been made available to a qualified, nonprofit,
nongovernmental organization under subsection (a) for purposes outlined
therein, the Secretary shall reallot such amount to qualified, nonprofit,
nongovernmental organizations that are eligible for funding under subchapter
IV of part C of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11381-11389). Funds made available by the Secretary through reallotment under
the preceding sentence shall remain available for expenditure until the end of
the fiscal year following the fiscal year in which such funds become available
for reallotment.
SEC. 405. DEFINITIONS.
For purposes of this subtitle:
(1) DOMESTIC VIOLENCE- The term `domestic violence' includes acts or
threats of violence or extreme cruelty (as such term is referred to in
section 216 of the Immigration and Nationality Act (8 U.S.C. 1186a)), not
including acts of self-defense, committed by a current or former spouse of
the victim, by a person with whom the victim has a child in common, by a
person who is cohabiting with or has cohabited with the victim, by a person
who is or has been in a continuing social relationship of a romantic or
intimate nature with the victim, by a person similarly situated to a spouse
of the victim under the domestic or family violence laws of the
jurisdiction, or by any other person against a victim who is protected from
that person's acts under the domestic or family violence laws of the
jurisdiction.
(2) FAMILY VICTIMIZED BY DOMESTIC VIOLENCE, STALKING, OR ADULT OR CHILD
SEXUAL ASSAULT-
(A) IN GENERAL- The term `family victimized by domestic violence,
stalking, or adult or child sexual assault' means a family or household
that includes an individual who has been determined under subparagraph (B)
to have been a victim of domestic violence, stalking, or adult or child
sexual assault, but does not include any individual described in paragraph
(1), (2), or (3) who committed the domestic violence, sexual assault, or
adult or child sexual assault. The term includes any such family or
household in which only a minor or minors are the individual or
individuals who was or were a victim of domestic violence, stalking, or
sexual assault only if such family or household also includes a parent,
stepparent, legal guardian, or other responsible caretaker for the
child.
(B) DETERMINATION THAT FAMILY OR INDIVIDUAL WAS A VICTIM OF DOMESTIC
VIOLENCE, STALKING, OR ADULT OR CHILD SEXUAL ASSAULT- For purposes of
subparagraph (A), a determination under this subparagraph is a
determination that domestic violence, stalking, or adult or child sexual
assault has been committed, which is made by any agency or official of a
State, Indian tribe, tribal organization, or unit of general local
government based upon--
(i) information provided by any medical, legal, counseling, or other
clinic, shelter, sexual assault program or other program or entity
licensed, recognized, or authorized by the State, Indian tribe, tribal
organization, or unit of general local government to provide services to
victims of domestic violence, stalking, or adult or child sexual
assault;
(ii) information provided by any agency of the State, Indian tribe,
tribal organization, unit of general local government, or qualified,
nonprofit, nongovernmental organization that provides or administers the
provision of social, medical, legal, or health services;
(iii) information provided by any clergy;
(iv) information provided by any hospital, clinic, medical facility,
or doctor licensed or authorized by the State, Indian tribe, tribal
organization, or unit of general local government to provide medical
services;
(v) a petition, application, or complaint filed in any State,
Federal, or tribal court or administrative agency, documents or records
of action or decision of any court, law enforcement agency, or
administrative agency, including any record of any protective order,
injunction, or temporary or final order issued by civil or criminal
courts, any self-petition or any police report; or
(vi) any other reliable evidence that domestic violence, stalking,
or adult or child sexual assault has occurred.
A victim's statement that domestic violence, stalking, or adult or
child sexual assault has occurred shall be sufficient unless the agency
has an independent, reasonable basis to find the individual not
credible.
(3) INDIAN TRIBE- The term `Indian Tribe' shall have the same meaning
given the term in section 2002(3) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-2(3)).
(4) QUALIFIED, NONPROFIT, NONGOVERNMENTAL ORGANIZATION- The term
`qualified, nonprofit, nongovernmental organization' means a private
organization that--
(A) is organized, or has as one of its primary purposes, to provide
emergency shelter, transitional housing, or permanent housing for victims
of domestic violence, stalking, or adult or child sexual assault or is a
medical, legal, counseling, social, psychological, health, job training,
educational, life skills development, or other clinical services program
for victims of domestic violence, stalking, or adult or child sexual
assault that undertakes a collaborative project with a qualified,
nonprofit, nongovernmental organization that primarily provides emergency
shelter, transitional housing, or permanent housing for low-income
people;
(B) is organized under State, tribal, or local laws;
(C) has no part of its net earnings inuring to the benefit of any
member, shareholder, founder, contributor, or individual;
(D) is approved by the Secretary as to financial responsibility;
and
(E) demonstrates experience in providing services to victims of
domestic violence, stalking, or adult or child sexual assault.
(5) SECRETARY- The term `Secretary' means the Secretary of Housing and
Urban Development.
(6) SEXUAL ASSAULT- The term `sexual assault' means any conduct
proscribed by chapter 109A of title 18, United States Code, whether or not
the conduct occurs in the special maritime and territorial jurisdiction of
the United States, on an Indian reservation, or in a Federal prison and
includes both assaults committed by offenders who are strangers to the
victims and assaults committed by offenders who are known to the victims or
related by blood or marriage to the victim.
(7) STALKING- The term `stalking' means engaging in a course of conduct
directed at a specific person that would cause a reasonable person to fear
death, sexual assault, or bodily injury to himself or herself or a member of
his or her immediate family, when the person engaging in such conduct has
knowledge or should have knowledge that the specific person will be placed
in reasonable fear of death, sexual assault, or bodily injury to himself or
herself or a member of his or her immediate family and when the conduct
induces fear in the specific person of death, sexual assault, or bodily
injury to himself or herself or a member of his or her immediate
family.
(8) STATE- The term `State' means the States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and
any other territory or possession of the United States.
(9) TRANSITIONAL HOUSING- The term `transitional housing' includes
short-term housing and is given the meaning of subchapter IV, part C of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11384(b)).
(10) TRIBAL ORGANIZATION- The term `tribal organization' means a
private, nonprofit, nongovernmental, or tribally chartered
organization--
(A) whose primary purpose is to provide emergency shelter,
transitional housing, or permanent housing or supportive services to
individuals or families victimized by domestic violence, stalking, or
adult or child sexual assault;
(B) that operates within the exterior boundaries of an Indian
reservation; and
(C) whose board of directors reflects the population served.
(11) UNIT OF GENERAL LOCAL GOVERNMENT- The term `unit of general local
government' has the meaning given the term in section 102(a) of the Housing
and Community Development Act of 1974 (42 U.S.C. 5302(a)).
Subtitle B--Full Faith and Credit for Protection Orders
SEC. 411. FULL FAITH AND CREDIT FOR PROTECTION ORDERS.
(a) Subsection 2265(a) of title 18, United States Code, is amended--
(1) by inserting `(1)' before `Any'; and
(2) by adding after paragraph (1) the following:
`(2) For purposes of enforcement, a tribal court may exercise civil and
criminal jurisdiction over any person, Indian or non-Indian, who violates a
protection order within the tribal court's jurisdiction, if the exercise of
jurisdiction comports with the Indian Civil Rights Act (25 U.S.C. 1301 et
seq.). The exercise of criminal jurisdiction under this paragraph is subject
to Federal court habeas corpus review under section 203 of such Act after
tribal court remedies are exhausted.
`(3) For purposes of Federal, State, and tribal law enforcement, a
protection order issued by any Federal, State, or tribal court shall be
presumed valid upon its face.'.
(b) Subsection 2265(b) of title 18, United States Code, is amended--
(1) by inserting `(1)' before `A'; and
(2) by adding after paragraph (1) the following:
`(2) For purposes of paragraph (1), a Federal, State, or tribal court may
not refuse to enforce a tribal court order on the grounds that the tribal
court lacks jurisdiction over the defendant because of the defendant's status
as a non-Indian or nonmember Indian.'.
(c) Section 2265 of title 18, United States Code, is amended by adding at
the end the following:
`(d) REGISTRATION- Nothing in this section shall require prior filing or
registration of a protection order in the enforcing State or tribal government
in order to secure enforcement pursuant to subsection (a). Nothing in this
section shall permit an enforcing State or tribal government to notify the
party against whom the order has been made that a protection order has been
registered or filed in that State or tribal government.
`(e) NOTICE- Nothing in this section shall require notification of the
party against whom the order was made in order to secure enforcement by a law
enforcement officer pursuant to subsection (a).'.
(d) Section 2266 of title 18, United States Code, is amended--
(1) by inserting `issued pursuant to State or tribal divorce and child
custody codes' after `custody orders'; and
(2) by adding `Custody and visitation provisions in protection orders
are subject to the mandates of this chapter.' after `seeking
protection.'.
(e) Section 2265 of title 18, United States Code, as amended by subsection
(c), is amended by adding at the end the following:
`(f) COMPLIANCE WITH FULL FAITH AND CREDIT- Within 180 days of the date of
the enactment of the Violence Against Women Act of 1999, the Attorney General
shall issue regulations to determine whether a State is in compliance with
subsections (a), (b), and (c), taking into account the following factors:
`(1) The State's documented good faith efforts to ensure compliance by
judicial, law enforcement, and other State officials, including the extent
and nature of any training programs, outreach, and other activities.
`(2) The degree to which any case of noncompliance by a State official
represents an isolated incident, rather than a pattern of
nonenforcement.
`(3) Any barriers to compliance presented by outdated technology,
recordkeeping problems, or similar issues, and the State's documented good
faith efforts to remove those barriers.
`(g) FORMULA GRANT REDUCTION FOR NONCOMPLIANCE-
`(1) PENALTY- Until such time as the State out of compliance is deemed
by the Attorney General to comply with the requirements of subsections (a),
(b), and (c), the Attorney General shall reduce by 10 percent the amount a
State would receive under subpart 1 of part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968.
`(2) GRACE PERIOD- The funding penalty assessed against a noncompliant
State will be held for a period of 6 months after the beginning of the
fiscal year. If during that time the State complies with subsections (a),
(b), and (c), the funding will be released to the newly compliant State. Any
funding not released at the end of the 6-month grace period shall be
redistributed to other participating States that comply with subsections
(a), (b), and (c).
`(3) EFFECTIVE DATE- The Attorney General may begin to reduce funds
described in paragraph (1) on the first day of each fiscal year succeeding
the third fiscal year beginning after the date of the enactment of this
subsection.'.
(f) Section 501(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3751(b)) is amended by renumbering paragraphs (19) through
(26) as paragraphs (20) through (27), respectively, and inserting after
paragraph (18) the following:
`(19) developing and implementing policies and guidelines and
establishing collaborative relationships with adjoining States, including
memorandums of understanding, to enable compliance with section
2265 of title 18, United States Code, and effectively addressing educational,
training, technology, and process barriers to compliance;'.
SEC. 412. GRANT PROGRAM.
(a) IN GENERAL- The Attorney General may provide grants to assist States,
Indian tribal governments, and units of local government to develop and
strengthen effective law enforcement and recordkeeping strategies to assist
States, Indian tribal governments, and units of local government to enforce
protective orders issued by other States, Indian tribal governments, or units
of local government.
(1) IN GENERAL- Grants under this section shall provide training and
enhanced technology compatible with existing law enforcement systems
including the National Crime Information Center to enforce protection
orders.
(2) USES OF FUNDS- Funds received under this section may be used to
train law enforcement, prosecutors, court personnel, victim service
providers, and others responsible for the enforcement of protection orders,
and to develop, install, or expand data collection and communication
systems, including computerized systems, linking police, prosecutors, and
courts for the purpose of identifying and tracking protection orders and
violations of protection orders and training.
(3) GRANTS TO TRIBAL GOVERNMENTS- At least 50 percent of the amounts
appropriated under subsection (c) for the purposes of this section shall be
used for grants to Indian tribal governments.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section, $10,000,000 for each of fiscal years
2000, 2001, 2002, 2003, and 2004.
Subtitle C--Victims of Abuse Insurance Protection
SEC. 421. SHORT TITLE.
This subtitle may be cited as the `Victims of Abuse Insurance Protection
Act'.
SEC. 422. DEFINITIONS.
As used in this subtitle:
(1) ABUSE- The term `abuse' means the occurrence of one or more of the
following acts by a current or former household or family member, intimate
partner, or caretaker:
(A) Attempting to cause or causing another person bodily injury,
physical harm, substantial emotional distress, psychological trauma, rape,
sexual assault, or involuntary sexual intercourse.
(B) Engaging in a course of conduct or repeatedly committing acts
toward another person, including following the person without proper
authority and under circumstances that place the person in reasonable fear
of bodily injury or physical harm.
(C) Subjecting another person to false imprisonment or
kidnapping.
(D) Attempting to cause or causing damage to property so as to
intimidate or attempt to control the behavior of another person.
(2) ABUSE-RELATED CLAIM- The term `abuse-related claim' means a claim
arising in whole or in part out of an act or pattern of abuse.
(3) ABUSE-RELATED MEDICAL CONDITION- The term `abuse-related medical
condition' means a medical condition which arises in whole or in part out of
an action or pattern of abuse.
(4) ABUSE STATUS- The term `abuse status' means the fact or perception
that a person is, has been, or may be a subject of abuse, irrespective of
whether the person has sustained abuse-related medical conditions or has
incurred abuse-related claims.
(5) HEALTH BENEFIT PLAN- The term `health benefit plan' means any public
or private entity or program that provides for payments for health care,
including--
(A) a group health plan (as defined in section 607 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1167)) or a multiple
employer welfare arrangement (as defined in section 3(40) of such Act (29
U.S.C. 1102(40)) that provides health benefits;
(B) any other health insurance arrangement, including any arrangement
consisting of a hospital or medical expense incurred policy or
certificate, hospital or medical service plan contract, or health
maintenance organization subscriber contract;
(C) workers' compensation or similar insurance to the extent that it
relates to workers' compensation medical benefits (as defined by the
Federal Trade Commission); and
(D) automobile medical insurance to the extent that it relates to
medical benefits (as defined by the Federal Trade Commission).
(6) HEALTH CARRIER- The term `health carrier' means a person that
contracts or offers to contract on a risk-assuming basis to provide,
deliver, arrange for, pay for or reimburse, any of the cost of health care
services, including a sickness and accident insurance company, a health
maintenance organization, a nonprofit hospital and health service
corporation, or any other entity providing a plan of health insurance,
health benefits or health services.
(7) INSURED- The term `insured' means a party named on a policy,
certificate, or health benefit plan, including an individual, corporation,
partnership, association, unincorporated organization, or any similar
entity, as the person with legal rights to the benefits provided by the
policy, certificate, or health benefit plan. For group insurance, such term
includes a person who is a beneficiary covered by a group policy,
certificate, or health benefit plan. For life insurance, the term refers to
the person whose life is covered under an insurance policy.
(8) INSURER- The term `insurer' means any person, reciprocal exchange,
interinsurer, Lloyds insurer, fraternal benefit society, or other legal
entity engaged in the business of insurance, including agents, brokers,
adjusters, and third party administrators. The term also includes health
carriers,
health benefit plans, and life, disability, and property and casualty
insurers.
(9) POLICY- The term `policy' means a contract of insurance,
certificate, indemnity, suretyship, or annuity issued, proposed for
issuance, or intended for issuance by an insurer, including endorsements or
riders to an insurance policy or contract.
(10) SUBJECT OF ABUSE- The term `subject of abuse' means a person
against whom an act of abuse has been directed, a person who has prior or
current injuries, illnesses, or disorders that resulted from abuse, or a
person who seeks, may have sought, or had reason to seek medical or
psychological treatment for abuse, protection, court-ordered protection, or
shelter from abuse.
SEC. 423. DISCRIMINATORY ACTS PROHIBITED.
(a) IN GENERAL- No insurer may, directly or indirectly, engage in any of
the following acts or practices on the basis that the applicant or insured or
any person employed by the applicant or insured or with whom the applicant or
insured is known to have a relationship or association is, has been, or may be
the subject of abuse or has incurred or may incur abuse-related claims:
(1) Denying, refusing to issue, renew or reissue, or canceling or
otherwise terminating an insurance policy or health benefit plan.
(2) Restricting, excluding, or limiting insurance coverage for losses or
denying a claim, except as otherwise permitted or required by State laws
relating to life insurance beneficiaries.
(3) Adding a premium differential to any insurance policy or health
benefit plan.
(b) INNOCENT INSURED- No insurer may, directly or indirectly, deny or
limit payment of a claim incurred by an innocent insured as a result of
abuse.
(c) TERMINATION OF HEALTH COVERAGE- No insurer or health carrier may
terminate health coverage for a subject of abuse because coverage was
originally issued in the name of the abuser and the abuser has divorced,
separated from, or lost custody of the subject of abuse or the abuser's
coverage has terminated voluntarily or involuntarily and the subject of abuse
does not qualify for extension of coverage under part 6 of subtitle B of title
I or the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et
seq.) or section 4980B of the Internal Revenue Code of 1986. Nothing in this
subsection prohibits the insurer from requiring the subject of abuse to pay
the full premium for the subject's coverage under the health plan if the
requirements are applied to all insureds of the health carrier. The insurer
may terminate group coverage after the continuation coverage required by this
subsection has been in force for 18 months if it offers conversion to an
equivalent individual plan. The continuation of health coverage required by
this subsection shall be satisfied by any extension of coverage under part 6
of subtitle B of title I or the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1161 et seq.) or section 4980B of the Internal Revenue Code of
1986 provided to a subject of abuse and is not intended to be in addition to
any extension of coverage provided under part 6 of subtitle B of title I or
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et seq.)
or section 4980B of the Internal Revenue Code of 1986.
(1) INFORMATION RESTRICTION- In order to protect the safety and privacy
of subjects of abuse, no person employed by or contracting with an insurer
or health benefit plan may use, disclose, or transfer information relating
to abuse status, acts of abuse, abuse-related medical conditions, or the
applicant's or insured's status as a family member of, employer of,
associate of, or person in a relationship with, a subject of abuse for any
purpose unrelated to the direct provision of health care services unless
such use, disclosure, or transfer is required by an order of an entity with
authority to regulate insurance or an order of a court of competent
jurisdiction. In addition, such a person may not disclose or transfer
information relating to an applicant's or insured's location or telephone
number or the location and telephone number of a shelter for subjects of
abuse except where such disclosure or transfer is required in order to
provide insurance coverage and such disclosure or transfer does not have the
potential to endanger the safety of a subject of abuse. Nothing in this
paragraph shall be construed as limiting or precluding a subject of abuse
from obtaining the subject's own insurance records from an insurer.
(2) AUTHORITY OF SUBJECT OF ABUSE- A subject of abuse, at the absolute
discretion of the subject of abuse, may provide evidence of abuse to an
insurer for the limited purpose of facilitating treatment of an
abuse-related medical condition or demonstrating that a medical condition is
abuse-related. Nothing in this paragraph shall be construed as authorizing
an insurer or health carrier to disregard such provided evidence.
SEC. 424. INSURANCE PROTOCOLS FOR SUBJECTS OF ABUSE.
Insurers shall develop and adhere to written policies specifying
procedures to be followed by employees, contractors, producers, agents, and
brokers for the purpose of protecting the safety and privacy of a subject of
abuse and otherwise implementing the provisions of this subtitle when taking
an application, investigating a claim, or taking any other action relating to
a policy or claim involving a subject of abuse.
SEC. 425. REASONS FOR ADVERSE ACTIONS.
An insurer that takes an action that adversely affects a subject of abuse
shall advise the subject of abuse applicant or insured of the specific reasons
for the action in writing. Reference to general underwriting practices or
guidelines does not constitute a specific reason.
SEC. 426. LIFE INSURANCE.
Nothing in this subtitle shall be construed to prohibit a life insurer
from declining to issue a life insurance policy if the applicant or
prospective owner of the policy is or would be designated as a beneficiary of
the policy, and if--
(1) the applicant or prospective owner of the policy lacks an insurable
interest in the insured; or
(2) the applicant or prospective owner of the policy is known, on the
basis of police or court records, to have committed an act of abuse against
the proposed insured.
SEC. 427. SUBROGATION WITHOUT CONSENT PROHIBITED.
Subrogation of claims resulting from abuse is prohibited without the
informed consent of the subject of abuse.
SEC. 428. ENFORCEMENT.
(a) FEDERAL TRADE COMMISSION- The Federal Trade Commission shall have the
power to examine and investigate any insurer to determine whether such insurer
has been or is engaged in any act or practice prohibited by this subtitle. If
the Federal Trade Commission determines an insurer has been or is engaged in
any act or practice prohibited by this subtitle, the Commission may take
action against such insurer by the issuance of a cease and desist order as if
the insurer was in violation of section 5 of the Federal Trade Commission Act
(15 U.S.C. 45). Such cease and desist order may include any individual relief
warranted under the circumstances, including temporary, preliminary, and
permanent injunctive and compensatory relief.
(b) PRIVATE CAUSE OF ACTION- An applicant or insured who believes that the
applicant or insured has been adversely affected by an act or practice of an
insurer in violation of this subtitle may maintain an action against the
insurer in a Federal or State court of original jurisdiction. Upon proof of
such conduct by a preponderance of the evidence, the court may award
appropriate relief, including temporary, preliminary, and permanent injunctive
relief and compensatory and punitive damages, as well as the costs of suit and
reasonable fees for the aggrieved individual's attorneys and expert witnesses.
With respect to compensatory damages, the aggrieved individual may elect, at
any time prior to the rendering of final judgment, to recover in lieu of
actual damages, an award of statutory damages in the amount of $5,000 for each
violation.
SEC. 429. EFFECTIVE DATE.
This subtitle shall apply with respect to any action taken on or after the
date of the enactment of this Act, except that section 424 shall only apply to
actions taken after the expiration of 60 days after such date.
Subtitle D--National Summit on Sports and Violence
SEC. 431. SENSE OF THE CONGRESS THAT A NATIONAL SUMMIT OF SPORTS, POLITICAL,
COMMUNITY, AND MEDIA LEADERS SHOULD BE PROMPTLY CONVENED TO DEVELOP A
MULTIFACETED ACTION PLAN TO DETER ACTS OF VIOLENCE, ESPECIALLY DOMESTIC VIOLENCE
AND SEXUAL ASSAULT.
(1) Involvement in sports commonly places individuals in a unique
context of competition that provides an opportunity to teach, learn, and
hone qualities of responsible citizenship, including values that promote
self-respect and respect for others and deterring acts of violence,
especially domestic violence and sexual assault.
(2) Professional and amateur athletes and sports coaches are role models
with great national influence and have helped to positively shape the lives
of countless individuals.
(3) Professional and amateur athletes, and sports coaches,
administrators, volunteers, and team owners have participated in a variety
of outstanding and valuable community service projects throughout the
Nation.
(4) Many professional and amateur sports organizations have instituted
educational programs and other measures to deter and sanction misconduct,
including abuse of legal and illegal drugs, illegal gambling, discriminatory
practices, and other unethical behavior.
(5) Acts of domestic violence and sexual assault are serious,
indefensible crimes.
(6) Acts of domestic violence and sexual assault committed by athletes
are often not taken seriously and go unpunished, sending an insidious and
harmful message that this behavior is excusable and is not criminal.
(7) Most athletes do not commit acts of domestic violence or sexual
assault and these athletes, as role models, can have a profound impact in
deterring others from committing acts of domestic violence and sexual
assault.
(8) There exists a Citizenship Through Sports Alliance that is made up
of the National Collegiate Athletic Association, the National Junior College
Athletic Association, the National Association of Intercollegiate Athletics,
the National Federation of State High School Associations, the United States
Olympic Committee, Major League Baseball, the National Football League, the
National Basketball Association, and the National Hockey League.
(9) The Congress supports the existing activities of the Citizenship
Through Sports Alliance and its member organizations and encourages a
broader array of efforts to promote responsible citizenship by teaching
administrators, coaches, and athletes values that will help all who
participate in our Nation's sports culture to become better citizens.
(b) SENSE OF CONGRESS- It is the sense of the Congress that--
(1) a national summit should be promptly convened to develop a
multifaceted action plan to deter acts of violence committed by athletes,
especially domestic violence and sexual assault;
(2) the members of the national summit referred to in paragraph (1)
should include--
(A) sports, community, political, and media leaders;
(B) individuals with experience in youth advocacy;
(C) individuals with experience in antiviolence advocacy;
(D) members of the Citizenship Through Sports Alliance;
(E) Members of Congress; and
(F) other governmental and community leaders with specific expertise
in education, services, and advocacy programs that serve to deter acts of
violence, specifically national, State, and local domestic violence and
sexual assault coalitions and programs;
(3) the action plan referred to in paragraph (1) should--
(A) be designed to encourage the participation of all administrators,
coaches, and athletes, from those involved in youth leagues to those who
are involved in professional sports;
(B) emphasize and promote values such as self-respect and respect for
others, tolerance, non-discrimination, and gender equality as well as
teamwork, discipline, responsibility, and commitment;
(C) encourage and promote participation in sports as a positive
character building activity;
(D) promote a sports culture that encourages integrity, honesty,
fairness, inclusion, tolerance, nonviolence, and a commitment to
excellence; and
(E) include a high-profile public education program and media campaign
to deter acts of violence, especially domestic violence and sexual
assault; and
(4) the members of the national summit referred to in paragraph (1), and
other sports, community, political and media leaders should assume
leadership roles deterring acts of domestic violence and sexual assault and
should support the measures developed by the national summit referred to in
paragraph (1).
Subtitle E--Keeping Firearms From Intoxicated Persons
SEC. 441. PROHIBITION AGAINST TRANSFER OF A FIREARM TO, AND POSSESSION OF A
FIREARM BY, A PERSON WHO IS INTOXICATED.
(a) TRANSFER PROHIBITION- Section 922(d) of title 18, United States Code,
is amended--
(1) by striking `or' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and inserting `;
or'; and
(3) by inserting after paragraph (9) the following:
(b) POSSESSION PROHIBITION- Section 922(g) of such title is amended--
(1) by striking `or' at the end of paragraph (8);
(2) by inserting `or' at the end of paragraph (9); and
(3) by inserting after paragraph (9) the following:
`(10) who is intoxicated,'.
(c) STATEMENT REQUIRED BY THE BRADY LAW- Section 922(s)(3)(B) of such
title is amended--
(1) by striking `and' at the end of clause (vi);
(2) by inserting `and' at the end of clause (vii); and
(3) by inserting after clause (vii) the following:
`(viii) is not intoxicated;'.
(d) INTOXICATED DEFINED- Section 921(a) of such title is amended by adding
at the end the following:
`(35) The term `intoxicated' means, with respect to a person, that the
mental or physical condition of the person is sufficiently impaired, as a
result of the presence in the person's body of alcohol, a drug, or another
substance, to be prohibited by the law of the State in which the person is
located from operating a motor vehicle in the State.'.
Subtitle F--Access to Safety and Advocacy
SEC. 451. SHORT TITLE.
This subtitle may be cited as the `Access to Safety and Advocacy Act'.
SEC. 452. PURPOSE.
The purpose of this subtitle is to enhance safety and justice for victims
of domestic violence in every State, jurisdiction under military or Federal
control, or tribal land, territory, or commonwealth, through access to the
justice system and improved legal advocacy and representation.
SEC. 453. GRANTS TO IMPROVE ACCESS TO THE JUSTICE SYSTEM.
(a) ELIGIBLE GRANTEES- To be eligible for a grant under subsection (c) an
applicant shall be a--
(1) domestic violence programs;
(2) State, tribal, and local bar associations;
(3) law school clinical programs;
(4) nonprofit legal services;
(5) court-based pro se programs;
(6) bar association or domestic violence legal information and referral
services or hotlines;
(7) State and tribal coalitions of domestic violence programs; and
(8) tribes and tribally recognized organizations.
(b) ELIGIBLE SERVICES- Activities funded under grants under subsection (c)
shall be designed to further the health, safety, and economic needs of victims
of domestic violence through legal assistance for victims of domestic violence
in any civil action, administrative proceeding, or criminal cases where the
defendant advances a claim of duress or defense of self or other or in
clemency proceedings. Activities funded under such grants shall include legal
assistance on behalf of--
(1) low-income and indigent persons; or
(2) persons who have inadequate access to sufficient financial resources
to secure appropriate legal assistance.
(c) GRANT AUTHORITY- The Attorney General may make grants for the
following purposes:
(1) To enhance the availability and quality of legal assistance to
victims of domestic violence through efforts directed at stopping the
violence, enhancing victim safety, assuring economic protection and
well-being, or protecting child victims of domestic violence.
(2) To encourage the development of partnerships between domestic
violence programs and the full spectrum of legal representation and advocacy
programs, including private practitioners, Government and public sector
lawyers, direct legal services programs, bar associations, legal hotlines,
and law school programs.
(3) To increase the participation of the private bar in pro bono or
low-cost representation of and assistance to victims of domestic
violence.
(4) To improve judicial and administrative handling of pro se cases
involving victims of domestic violence.
(5) To enhance the availability and quality of legal representation
through increasing programs on domestic violence in law schools and in
continuing professional education programs.
SEC. 454. APPLICATION.
(a) REQUIREMENTS- To be eligible for a grant under subsection (c),
applicants shall--
(1) for entities described in paragraphs (2) through (6) of section
453(a), include documentation of an ongoing partnership and working
relationship with a domestic violence program or State or tribal coalition
of domestic violence programs;
(2) demonstrate a history of providing direct legal or advocacy services
in a manner that is accountable to the community served; and
(A) any person providing legal assistance through a program funded
under section 453(c) has completed training on domestic violence law and
practice;
(B) any training programs conducted in satisfaction of the requirement
of subparagraph
(A) be developed with input from and in collaboration with a domestic
violence program or State or tribal coalition of domestic violence programs;
(C) the grantee's organizational policies do not require or encourage
mediation in cases where domestic violence is an issue; and
(D) any person providing legal assistance through a program funded
under section 453(c) has informed any State or tribal domestic violence
coalitions of their work and participates in any statewide networking
among legal assistance providers to victims of domestic violence.
SEC. 455. FUNDING.
(a) ALLOCATION OF FUNDS- Of the total amounts appropriated under
subsection (b) in any fiscal year--
(1) at least 45 percent shall be allocated to projects that provide
direct representation to victims of domestic violence through staff,
volunteers, or partnerships, particularly for cases including custody and
visitation, protection order, support, housing and divorce matters, and
other actions undertaken to achieve or preserve victim safety;
(2) at least 5 percent shall be used for grants to tribes and tribal
organizations, including tribal courts and bar associations and tribes and
tribal organizations which receive such grants may receive additional grants
for direct representation, technical assistance, or any other eligible
purpose under this subtitle;
(3) no more than 15 percent shall be awarded to technical assistance and
training initiatives;
(4) no more than 5 percent shall be awarded to evaluation; and
(5) no more than 5 percent shall be utilized for the costs of
administration.
(b) FUNDING LEVELS- There are authorized to be appropriated for grants
under section 453(c) $25,000,000 for fiscal year 2000, $30,000,000 for fiscal
year 2001, $35,000,000 for fiscal year 2002, $44,000,000 for fiscal year 2003,
and $57,000,000 for fiscal year 2004.
(c) MATCHING REQUIREMENTS- Applicants for a grant under section 453(c)
shall be required to identify an actual or in-kind match for any proposed
grant under section 453(c) of no more than 20 percent, except that nonprofit
nongovernmental organizations shall be exempt from this matching requirement.
Other Federal funding may not be allocated as match.
(d) NONSUPPLANTATION- Federal funds received under section 453(c) shall be
used to supplement, not supplant, other Federal and non-Federal funds that
would otherwise be available for expenditures on activities described in this
subtitle. Moneys disbursed under section 453(c) shall be used to fund new
projects or to expand or enhance existing projects.
(e) DISCRIMINATION- Activities funded under section 453(c) shall be
conducted pursuant to any applicable Federal, State, or local law governing
discrimination on the basis of race, national origin, religion, age, gender,
sexual orientation, or disability, and shall be subject to section 307(a)(2)
of the Family Violence Prevention and Services Act (42 U.S.C. 10406(a)(2)).
Entities funded under section 453(c) shall not be restricted from providing
services because of the immigration status or sexual orientation of the person
seeking services.
SEC. 456. PROVISION OF TECHNICAL ASSISTANCE AND TRAINING.
The Attorney General may provide technical assistance and training in
furtherance of the purposes of this subtitle. The technical assistance and
training authorized by this section may be carried out directly by the
Attorney General or through contracts or other arrangements with entities and
may include consultation and problem solving, the development of training
programs, materials, and information on domestic violence law and practice,
the identification of promising practices, development of databases,
developing partnerships, and creating multidisciplinary, community-based
approaches.
SEC. 457. EVALUATION OF ACCESS TO SAFETY AND ADVOCACY GRANTS.
The Attorney General may evaluate the grants funded under section 453(c)
through contracts or other arrangements with entities expert on domestic
violence and evaluation research.
SEC. 458. DEFINITIONS.
For purposes of this subtitle:
(1) DOMESTIC VIOLENCE- The term `domestic violence' includes acts or
threats of violence, and stalking, not including acts of self-defense,
committed by a current or former spouse of the victim, by a person with whom
the victim shares a child in common, by a person who is cohabiting with or
has cohabited with the victim, by a person who is or has been in a
continuing social relationship of a romantic or intimate nature with the
victim, by a person similarly situated to a spouse of the victim under the
domestic or family violence laws of the jurisdiction, or by any other person
against a victim who is protected from that person's acts under the domestic
or family violence laws of the jurisdiction.
(2) DOMESTIC VIOLENCE PROGRAM- The term `domestic violence program'
means a nonprofit nongovernmental organization, the primary purpose of which
is to provide advocacy on behalf of and comprehensive services to victims of
domestic violence, including some combination of the following: crisis
hotlines, shelter or safe homes, transitional housing, task forces or
coordinating councils, food assistance, counseling, systems advocacy,
transportation, safety planning, information and referral, and legal
assistance.
(3) LAW SCHOOL PROGRAM- The term `law school program' means an
internship, externship, clinic, or other legal representation program or
initiative located at an accredited school of law which has as its primary
purpose the provision of legal representation, information, or assistance to
victims of domestic violence directed at stopping the violence, enhancing
the victim safety, assuring economic protection and well-being, or
protecting child victims of domestic violence.
(4) LEGAL ASSISTANCE- The term `legal assistance' includes--
(A) direct representation of and assistance to victims of domestic
violence from intake through adjudication, enforcement, and appeal, in any
civil action, administrative proceeding, criminal cases where the
defendant advances a claim of duress or a defense of self or other or in
clemency proceedings, to include representation from intake through
adjudication, enforcement and appeal directed at stopping the violence,
enhancing victim safety, assuring economic protection and well-being, or
protecting child victims of domestic violence; and
(B) legal advocacy, including issue identification, safety planning,
evaluating options, policy analysis, representation enhancement, outreach
activities, accompaniment, information, directories and referral,
monitoring the civil and criminal justice process, and coordination among
legal, social, and health care systems, offered by personnel of domestic
violence programs, which is directed at stopping the violence, enhancing
victim safety, assuring economic protection and well-being or protecting
child victims of domestic violence.
(5) NONPROFIT DIRECT LEGAL SERVICES- The term `nonprofit direct legal
services' means a nonprofit legal organization which has as its primary
purpose the provision of legal assistance to persons on a no-cost, sliding
scale, deferred payment, or fixed fee basis on civil or criminal legal
matters and which provides specialized representation to victims of domestic
violence directed at stopping the violence, enhancing victim safety,
assuring economic protection and well-being or protecting child victims of
domestic violence.
(6) PRO BONO PROGRAM- The term `pro bono program' means a program
affiliated with a State, tribal, or local court, bar association, nonprofit
direct legal services organization, or a domestic violence program that
offers no-cost representation, legal educational programs, or information
and referral services to victims of domestic violence directed at stopping
the violence, enhancing victim safety, assuring economic protection and
well-being, or protecting child victims of domestic violence.
(7) PRO SE PROGRAM- The term `pro se program' means a program based in
the State, tribal, or local courts, in nonprofit direct legal services
organizations, or in domestic violence programs to assist victims of
domestic violence--
(A) in preparation and filing of court pleadings, forms, memos,
proposed orders, and related documents, in effecting service, and in
representation of themselves in any civil or administrative matters or
proceedings directed at stopping the violence, enhancing victim safety,
assuring economic protection and well-being, or protecting child victims
of domestic violence;
(B) to develop comprehensive safety plans; and
(C) to offer information and referral services.
(8) STATE COALITION OF DOMESTIC VIOLENCE PROGRAMS- The term `State
coalition of domestic violence programs' means a private, nonprofit,
nongovernmental statewide membership organization of domestic violence
programs that, among other activities, provides training and technical
assistance to domestic violence programs within the State, commonwealth,
territory, or lands under military, Federal, or tribal authority.
(9) STATE, TRIBAL, OR LOCAL BAR ASSOCIATION- The term `State, tribal, or
local bar association' means a State, tribal, or local association of
attorneys of a specified geographic area whose members are licensed to
practice in the jurisdictions and that offers information, referral, or pro
bono legal
services to victims of domestic violence directed at stopping the violence,
enhancing victim safety, achieving economic justice, or protecting child victims
of domestic violence.
(10) TRIBAL ORGANIZATION- The term `tribal organization' means a
tribally chartered organization or a nonprofit organization operating within
the boundaries of an Indian reservation whose governing body reflects the
populations served.
Subtitle G--Strengthening Enforcement To Reduce Violence Against
Women
SEC. 461. AMENDMENTS TO DOMESTIC VIOLENCE AND STALKING OFFENSES.
(a) INTERSTATE DOMESTIC VIOLENCE- Section 2261(a) of title 18, United
States Code, is amended to read as follows:
`(1) TRAVEL OR CONDUCT OF OFFENDER- A person who travels in interstate
or foreign commerce or to or from Indian country with the intent to injure,
harass, or intimidate a spouse or intimate partner, and who, in the course
of or as a result of such travel, commits or attempts to commit a crime of
violence against that spouse or intimate partner, shall be punished as
provided in subsection (b).
`(2) CAUSING TRAVEL OF VICTIM- A person who causes a spouse or intimate
partner to travel in interstate or foreign commerce or to or from Indian
country by force, coercion, duress, or fraud, and who, in the course of or
as a result of such conduct or travel, commits or attempts to commit a crime
of violence against that spouse or intimate partner, shall be punished as
provided in subsection (b).'.
(b) INTERSTATE STALKING- Section 2261A of title 18, United States Code, is
amended to read as follows:
`Sec. 2261A. Interstate stalking
`(1) with the intent to injure, harass, or intimidate another person,
engages in the special maritime and territorial jurisdiction of the United
States in conduct that places that person in reasonable fear of the death
of, or serious bodily injury to, that person or a member of that person's
immediate family (as defined in section 115), or
`(2) with the intent to injure, harass, or intimidate another person,
travels in interstate or foreign commerce or to or from Indian country, and
in the course of or as a result of such travel engages in conduct that
places that person in reasonable fear of the death of, or serious bodily
injury to, that person or a member of that person's immediate family (as
defined in section 115),
shall be punished as provided in section 2261.'.
(c) INTERSTATE VIOLATION OF PROTECTION ORDER- Section 2262(a) of title 18,
United States Code, is amended to read as follows:
`(1) TRAVEL OR CONDUCT OF OFFENDER- A person who travels in interstate
or foreign commerce or to or from Indian country with the intent to engage
in conduct that violates the portion of a protection order that prohibits or
provides protection against violence, threats, or harassment against,
contact or communication with, or physical proximity to, another person, or
that would violate such a portion of a protection order in the jurisdiction
in which the order was issued, and subsequently engages in such conduct,
shall be punished as provided in subsection (b).
`(2) CAUSING TRAVEL OF VICTIM- A person who causes another person to
travel in interstate or foreign commerce or to or from Indian country by
force, coercion, duress, or fraud, and in the course of or as a result of
such conduct or travel engages in conduct that violates the portion of a
protection order that prohibits or provides protection against violence,
threats, or harassment against, contact or communication with, or physical
proximity to, another person, or that would violate such a portion of a
protection order in the jurisdiction in which the order was issued, shall be
punished as provided in subsection (b).'.
(d) DEFINITIONS- Section 2266 of title 18, United States Code, is
amended--
(1) by inserting after the first undesignated paragraph the
following:
`serious bodily injury' has the meaning stated in section 2119(2).';
and
(2) by striking the final undesignated paragraph and inserting the
following:
`travel in interstate or foreign commerce' does not include travel from
1 State to another by an individual who is a member of an Indian tribe and
who remains at all times in the territory of the Indian tribe of which the
individual is a member.'.
Subtitle H--Disclosure Protections
SEC. 471. DISCLOSURE PROTECTIONS UNDER THE CHILD SUPPORT PROGRAM.
(a) FEDERAL PARENT LOCATOR SERVICE- Section 453(b)(2) of the Social
Security Act (42 U.S.C. 653(b)(2)) is amended--
(1) in the matter preceding subparagraph (A), by inserting `or that the
health, safety, or liberty of a parent or child would be put at risk by the
disclosure of such information,' before `provided that';
(2) in subparagraph (A), by inserting `, that the health, safety, or
liberty of a parent or child would be put at risk by the disclosure of such
information,' before `and that information'; and
(3) in subparagraph (B)(i), by striking `be harmful to the parent or the
child' and inserting `place the health, safety, or liberty of a parent or
child at risk'.
(b) Section 453(c)(2) of the Social Security Act (42 U.S.C. 653(c)(2)) is
amended by inserting `, or to serve as the initiating court in an action to
seek an order,' before `against a noncustodial'.
(c) STATE PLAN REQUIREMENTS- Section 454(26) of the Social Security Act
(42 U.S.C. 654) is amended--
(1) in subparagraph (C), by striking `result in physical or emotional
harm to the party or the child' and inserting `place the health, safety, or
liberty of a parent or child at risk';
(2) in subparagraph (D), by striking `of domestic violence or child
abuse against a party or the child and that the disclosure of such
information could be harmful to the party or the child' and inserting `that
the health, safety, or liberty of a parent or child would be put at risk by
the disclosure of such information'; and
(3) in subparagraph (E), by striking `of domestic violence' and all that
follows through the semicolon and inserting `that the health, safety, or
liberty of a parent or child would be put at risk by the disclosure of such
information pursuant to section 453(b)(2), the court shall determine whether
disclosure to any other person or persons of information received from the
Secretary could place the health, safety, or liberty of a parent or child
unreasonably at risk (if the court determines that disclosure to any other
person could be harmful, the court and its agents shall not make any such
disclosure);'.
(d) EFFECTIVE DATE- The amendments made by this section shall take effect
as if included in the enactment of the Balanced Budget Act of 1997 (Public Law
105-33; 111 Stat. 251).
TITLE V--VIOLENCE AGAINST WOMEN IN THE MILITARY SYSTEM
Subtitle A--Civilian Jurisdiction for Crimes of Sexual Assault and
Domestic Violence
SEC. 501. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY PERSONS
ACCOMPANYING THE ARMED FORCES.
(a) IN GENERAL- Title 18, United States Code, is amended by inserting
after chapter 211 the following new chapter:
`CHAPTER 212--DOMESTIC VIOLENCE AND SEXUAL ASSAULT OFFENSES COMMITTED
OUTSIDE THE UNITED STATES
`3261. Domestic violence and sexual assault offenses committed by
persons formerly serving with, presently employed by, or accompanying, the
Armed Forces outside the United States.
`3262. Delivery to authorities of foreign countries.
`3264. Definitions for chapter.
`Sec. 3261. Domestic violence and sexual assault offenses committed by
persons formerly serving with, presently employed by, or accompanying, the Armed
Forces outside the United States
`(a) IN GENERAL- Whoever, while serving with, employed by, or accompanying
the Armed Forces outside of the United States engages in conduct that would
constitute a misdemeanor or felony domestic violence or sexual assault offense
if the conduct had been engaged in within the special maritime and territorial
jurisdiction of the United States shall be subject to prosecution in the
United States district court of the jurisdiction of origin as determined under
subsection (d)(2).
`(b) CONCURRENT JURISDICTION- Nothing contained in this chapter deprives
courts-martial, military commissions, provost courts, or other military
tribunals of concurrent jurisdiction with respect to offenders or offenses
that by statute or by the law of war may be tried by courts-martial, military
commissions, provost courts, or other military tribunals.
`(c) ACTION BY FOREIGN GOVERNMENT- No prosecution may be commenced under
this section if a foreign government, in accordance with jurisdiction
recognized by the United States, has prosecuted or is prosecuting such person
for the conduct constituting an offense described in subsection (a), except
upon the approval of the Attorney General of the United States or the Deputy
Attorney General of the United States (or a person acting in either such
capacity). The function of approval of the Attorney General or Deputy Attorney
General may not be delegated.
`(1) LAW ENFORCEMENT PERSONNEL- The Secretary of Defense may designate
and authorize any person serving in a law enforcement position in the
Department of Defense to arrest outside of the United States any person
described in subsection (a) if there is probable cause to believe that such
person engaged in conduct which constitutes a criminal offense under
subsection (a).
`(2) RELEASE TO CIVILIAN LAW ENFORCEMENT- A person arrested under
paragraph (1) shall be released to the custody of civilian law enforcement
authorities of the United States for removal to the United States for
judicial proceedings in the United States district court of the named
jurisdiction of origin of the person arrested in relation to conduct
referred to in such paragraph unless--
`(A) such person is delivered to authorities of a foreign country
under section 3262; or
`(B) such person has had charges brought against such person under
chapter 47 of title 10 for such conduct.
`Sec. 3262. Delivery to authorities of foreign countries
`(a) IN GENERAL- Any person designated and authorized under section
3261(d) may deliver a person described in section 3261(a) to the appropriate
authorities of a foreign country in which the person is alleged to have
engaged in conduct described in section 3261(a) if--
`(1) the appropriate authorities of that country request the delivery of
the person to such country for trial for such conduct as an offense under
the laws of that country; and
`(2) the delivery of such person to that country is authorized by a
treaty or other international agreement to which the United States is a
party.
`(b) DETERMINATION BY THE SECRETARY- The Secretary of Defense shall
determine which officials of a foreign country constitute appropriate
authorities for purposes of this section.
`Sec. 3263. Regulations
`The Secretary of Defense shall issue regulations governing the
apprehension, detention, and removal of persons under this chapter. Such
regulations shall be uniform throughout the Department of Defense.
`Sec. 3264. Definitions for chapter
`As used in this chapter--
`(1) the term `Armed Forces' has the same meaning as in section
101(a)(4) of title 10;
`(2) a person is `employed by the Armed Forces outside of the United
States' if the person--
`(A) is employed as a civilian employee of the Department of Defense,
as a Department of Defense contractor, or as an employee of a Department
of Defense contractor;
`(B) is present or residing outside of the United States in connection
with such employment; and
`(C) is not a national of the host nation; and
`(3) a person is `accompanying the Armed Forces outside of the United
States' if the person--
`(A) is a dependent of a member of the armed forces;
`(B) is a dependent of a civilian employee of the Department of
Defense;
`(C) is residing with the member or civilian employee outside of the
United States; and
`(D) is not a national of the host nation.'.
(b) CLERICAL AMENDMENT- The table of chapters at the beginning of part II
of title 18, United States Code, is amended by inserting after the item
relating to chapter 211 the following:
3261.'.
SEC. 502. RECORDS OF MILITARY JUSTICE ACTIONS.
(a) IN GENERAL- Chapter 59 of title 10, United States Code, is amended by
adding at the end the following new section:
`Sec. 1178. Military justice information and DNA specimens: transmission to
Director of Federal Bureau of Investigation upon member's separation
`(a) RECORDS OF MILITARY JUSTICE ACTIONS- Whenever a member of the armed
forces is discharged from a period of service in the armed forces or is
released from a period of active duty, the Secretary of the military
department concerned shall transmit to the Director of the Federal Bureau of
Investigation a copy of records of any penal action taken against the member
during that period under chapter 47 of this title (the Uniform Code of
Military Justice).
`(b) DNA SPECIMENS OF PERSONS CONVICTED OF SEXUAL OFFENSES- (1) Any member
of the armed forces who is convicted by a court-martial of an offense of a
sexual nature shall, before being separated from the member's armed force,
provide to the Secretary of the military department concerned a sample of
blood, saliva, or other specimen collected from that member necessary to
conduct DNA analysis consistent with established procedures for DNA testing by
the Director of the Federal Bureau of Investigation.
`(2) The Secretary concerned shall transmit each sample provided under
paragraph (1) in a timely manner to the Director of the Federal Bureau of
Investigation for inclusion in the Combined DNA Identification System (CODIS)
of the Federal Bureau of Investigation.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
`1178. Military justice information and DNA specimens: transmission to
Director of Federal Bureau of Investigation upon member's
separation.'.
Subtitle B--Transitional Compensation for Abused Dependents of Members
of the Armed Forces
SEC. 511. TRANSITIONAL COMPENSATION.
Section 1059 of title 10, United States Code, is amended--
(1) in subsection (e)(1)(A), by inserting `that includes dependent-abuse
as an underlying or principal factor' after `for a dependent-abuse
offense';
(2) in subsection (e)(1)(B), by inserting `underlying, partial, or
principal' before `basis'; and
(3) in subsection (g)(2), by striking `the Secretary may not resume such
payments.' and inserting `the Secretary may resume such payments if the
Secretary determines that there was ongoing abuse. Any such determination as
to such a resumption of payments shall be reviewed by the Secretary on a
case-by-case basis.'.
Subtitle C--Confidentiality of Records
SEC. 521. CONFIDENTIALITY OF RECORDS.
(a) The Secretary of Defense shall study the policies, procedures, and
practices of the military departments for protecting the confidentiality of
communications between--
(1) a dependent of a member of the Armed Forces who--
(A) is a victim of sexual harassment, sexual assault, or intrafamily
abuse; or
(B) has engaged in such misconduct; and
(2) a therapist, counselor, advocate, or other professional from whom
the victim seeks professional services in connection with effects of such
misconduct.
(b)(1) The Secretary of Defense shall prescribe in regulations the
policies and procedures that the Secretary considers necessary to provide the
maximum possible protections for the confidentiality of communications
described in subsection (a) relating to misconduct described in that
subsection.
(2) The regulations shall provide the following:
(A) Complete confidentiality of the records of the communications of
dependents of members of the Armed Forces.
(B) Characterization of the records under family advocacy programs of
the Department of Defense as primary medical records for purposes of the
protections from disclosure that are associated with primary medical
records.
(C) Facilitated transfer of records under family advocacy programs in
conjunction with changes of duty stations of persons to whom the records
relate in order to provide for continuity in the furnishing of professional
services.
(D) Adoption of standards of confidentiality and ethical standards that
are consistent with standards issued by relevant professional
associations.
(3) In prescribing the regulations, the Secretary shall consider the
following:
(A) Any risk that the goals of advocacy and counseling programs for
helping victims recover from adverse effects of misconduct will not be
attained if there is no assurance that the records of the communications
(including records of counseling sessions) will be kept confidential.
(B) The extent, if any, to which a victim's safety and privacy should be
factors in determinations regarding--
(i) disclosure of the victim's identity to the public or the chain of
command of a member of the Armed Forces alleged to have engaged in the
misconduct toward the victim; or
(ii) any other reaction that facilitates such a disclosure without the
consent of the victim.
(C) The eligibility for care and treatment in medical facilities of the
uniformed services for any person having a uniformed services identification
card (including a card indicating the status of a person as a dependent of a
member of the uniformed services) that is valid for that person.
(D) The appropriateness of requiring that so-called Privacy Act
statements be presented as a condition for proceeding with the furnishing of
treatment or other services by professionals referred to in subsection
(a).
(E) The appropriateness of adopting the same standards of
confidentiality and ethical standards that have been issued by such
professional associations as the American Psychiatric Association and the
National Association of Social Workers.
(4) The regulations may not prohibit the disclosure of information to a
Federal or State agency for a law enforcement or other governmental
purpose.
(c) The Secretary of Defense shall consult with the Attorney General in
carrying out this section.
(d) Not later than 90 days after the date of the enactment of this Act,
the Secretary shall submit to Congress a report on the actions taken under
this section. The report shall include a discussion of the results of the
study under subsection (a) and the comprehensive discussion of regulations
prescribed under subsection (b).
TITLE VI--PREVENTING VIOLENCE AGAINST WOMEN IN TRADITIONALLY UNDERSERVED
COMMUNITIES
Subtitle A--Older Women's Protection From Violence
SECTION 601. SHORT TITLE.
This subtitle may be cited as the `Older Women's Protection From Violence
Act of 1999'.
SEC. 602. FINDINGS.
(1) of the estimated more than 1,000,000 persons age 65 and over who are
victims of abuse each year, at least 2/3 are women;
(2) in almost 9 out of 10 incidents of domestic elder abuse and neglect,
the perpetrator is a family member and adult children of the victims are the
largest category of perpetrators and spouses are the second largest category
of perpetrators;
(3) the number of reports of elder abuse in the United States increased
by 150 percent between 1986 and 1996 and is expected to continue
growing;
(4) it is estimated that at least 5 percent of the Nation's elderly are
victims of moderate to severe abuse and that the rate for all forms of abuse
may be as high as 10 percent;
(5) elder abuse is severely underreported, with 1 in 5 cases being
reported in 1980 and 1 in 8 cases being reported today;
(6) based on site-specific information from the Indian Health Service,
the rate of trauma and violence faced by Indian women could be considered to
be epidemic;
(7) elder abuse takes on many forms, including physical abuse, sexual
abuse, psychological (emotional) abuse, neglect (intended or unintended),
and financial exploitation;
(8) many older persons, particularly women and minorities, fail to
report abuse because of shame or as a result of prior unsatisfactory
experiences with individual agencies or others who lacked sensitivity to the
concerns or needs of older people;
(9) the lack of culturally relevant elder abuse services for Indian
women makes access to shelter and other services difficult and often
impossible for some Indian women;
(10) many older persons fail to report abuse because they are dependent
on their abusers and fear being abandoned or institutionalized;
(11) the lack of access to telephones, law enforcement, and health
services in remote areas, including Indian reservations, makes access to
relief from elder abuse particularly difficult for some populations;
(12) public and professional awareness and identification of elder abuse
is difficult because older persons are not tied into many social networks
(such as schools or jobs), and may become isolated in their homes, which can
increase the risk of elder abuse;
(13) the Department or Justice does not include age as a category for
criminal statistics reporting;
(14)(A) there are relatively few statistics and research studies
regarding violence against older women, and even less is known about the
incidence of violence against Indian women; and
(B) there is no national database regarding the violence against Indian
women; and
(15) older persons would greatly benefit from policies that develop,
strengthen, and implement programs for the prevention of abuse, including
neglect and exploitation, and provide related assistance for victims.
CHAPTER 1--VIOLENCE AGAINST WOMEN ACT OF 1994
SEC. 603. ELDER ABUSE, NEGLECT, AND EXPLOITATION.
The Violence Against Women Act of 1994 (108 Stat. 1902) is amended by
adding at the end the following:
`Subtitle H--Elder Abuse, Neglect, and Exploitation, Including Domestic
Violence and Sexual Assault Against Older Individuals
`SEC. 40801. DEFINITIONS.
`(1) IN GENERAL- The terms `elder abuse, neglect, and exploitation',
`domestic violence', and `older individual' have the meanings given the
terms in section 102 of the Older Americans Act of 1965 (42 U.S.C.
3002).
`(2) SEXUAL ASSAULT- The term `sexual assault' has the meaning given the
term in section 2003 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg-2).
`SEC. 40802. LAW SCHOOL CLINICAL PROGRAMS ON ELDER ABUSE, NEGLECT, AND
EXPLOITATION.
`The Attorney General shall make grants to law school clinical programs
for the purposes of funding the inclusion of cases addressing issues of elder
abuse, neglect, and exploitation, including domestic violence, and sexual
assault, against older individuals.
`SEC. 40803. TRAINING PROGRAMS FOR LAW ENFORCEMENT OFFICERS.
`The Attorney General shall develop curricula and offer, or provide for
the offering of, training programs to assist law enforcement officers,
including tribal law enforcement officers, prosecutors, and relevant officers
of Federal, State, tribal, and local courts in recognizing, addressing,
investigating, and prosecuting instances of elder abuse, neglect, and
exploitation, including domestic violence and sexual assault against older
individuals.
`SEC. 40804. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated such sums as may be necessary to
carry out this subtitle.'.
CHAPTER 2--FAMILY VIOLENCE PREVENTION AND SERVICES ACT
SEC. 604. DEFINITIONS.
Section 309 of the Family Violence Prevention and Services Act (42 U.S.C.
10408), as amended by section 123(f), is amended by adding at the end the
following:
`(8) The term `older individual' has the meaning given the term in
section 102 of the Older Americans Act of 1965.'.
SEC. 605. DOMESTIC VIOLENCE SERVICES FOR OLDER INDIVIDUALS.
Section 311(a) of the Family Violence Prevention and Services Act (42
U.S.C. 10410(a)) is amended in paragraph (1)(A), by inserting before the
semicolon `, including programs and providers of direct services targeted to
older individuals'.
SEC. 606. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
Section 318(b)(2)(F) of the Family Violence Prevention and Services Act
(42 U.S.C. 10418(b)(2)(F)) is amended by inserting `and adult protective
services entities' before the semicolon.
CHAPTER 3--OLDER AMERICANS ACT OF 1965
SEC. 607. DEFINITIONS.
Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended
by adding at the end the following:
`(45) The term `domestic violence' includes acts or threats of violence,
not including acts of self defense, committed by a current or former spouse
of the victim, by a person related by blood or marriage to the victim, by a
person who is cohabiting with or has cohabited with the victim, by a person
with whom the victim shares a child in common, by a person who is or has
been in a continuing social relationship of a romantic or intimate nature
with the victim, by a person similarly situated to a spouse of the victim
under the domestic or family violence laws of the jurisdiction of the
victim, or by any other person against a victim who is protected from that
person's acts under the domestic or family violence laws of the
jurisdiction.
`(46) The term `sexual assault' has the meaning given the term in
section 2003 of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg-2).'.
SEC. 608. RESEARCH ABOUT THE SEXUAL ASSAULT OF WOMEN WHO ARE OLDER
INDIVIDUALS.
Section 202(d)(3)(C) of the Older Americans Act of 1965 (42 U.S.C.
3012(d)(3)(C)) is amended--
(1) by striking `and' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and inserting `;
and'; and
(3) by adding at the end the following:
`(iii) in establishing research priorities under clause (i), consider
the importance of research about the sexual assault of women who are older
individuals.'.
SEC. 609. STATE LONG-TERM CARE OMBUDSMAN PROGRAM.
Section 303(a)(1) of the Older Americans Act of 1965 (42 U.S.C.
3023(a)(1)) is amended by inserting before the period the following: `, except
that for grants to carry out section 321(a)(10), there are authorized to be
appropriated such sums as may be necessary without fiscal year limitation'.
SEC. 610. TRAINING FOR HEALTH PROFESSIONALS, AND OTHER PROVIDERS OF SERVICES
TO OLDER INDIVIDUALS, ON SCREENING FOR ELDER ABUSE, NEGLECT, AND
EXPLOITATION.
Section 411 of the Older Americans Act of 1965 (42 U.S.C. 3031) is amended
by adding at the end the following:
`(f)(1) The Assistant Secretary for Aging shall, in consultation with the
Assistant Secretary for Children and Families, the Surgeon General, the Indian
Health Service, the Director of the National Institute on Aging, national
nonprofit, nongovernmental or tribal organizations with nationally recognized
expertise in elder abuse, domestic violence, or sexual assault, and other
specialists working in the areas of domestic violence and sexual assault
against seniors and elder abuse, update and improve curricula and implement
continuing education training programs for adult protective service workers,
persons carrying out a State Long-Term Care Ombudsman program, health care
providers (including home health care providers), and mental health providers
(including specialists), social workers, clergy, domestic violence service
providers, sexual assault service providers, and other community-based social
service providers in settings, including senior centers, adult day care
facilities, nursing homes, board and care facilities, senior housing, and the
homes of older individuals to improve the ability of the persons using the
curriculum and training programs to recognize and address instances of elder
abuse, neglect, and exploitation, including domestic violence and sexual
assault against older individuals.
`(2) In carrying out paragraph (1), the Assistant Secretary shall develop
and implement separate curricula and training programs for medical students,
physicians, mental health providers, physician assistants, nurse
practitioners, nurses, and social workers.
`(3) In carrying out paragraph (1), the Assistant Secretary shall provide
information about the curricula and training programs to entities described in
sections 746(d), 777 (a) and (b), 791(d)(2), and 860(g)(2) of the Public
Health Service Act (42 U.S.C. 293j(d), 294o (a) and (b), 295j(d)(2), and
298b-7(g)(2)) that seek grants or contracts under title VII or VIII of such
Act.'.
SEC. 611. DOMESTIC VIOLENCE SHELTERS AND PROGRAMS FOR OLDER
INDIVIDUALS.
Section 422(b) of the Older Americans Act of 1965 (42 U.S.C. 3035a(b)) is
amended--
(1) by striking `and' at the end of paragraph (11);
(2) by striking the period at the end of paragraph (12) and inserting a
semicolon; and
(3) by adding at the end the following:
`(13) expand access to domestic violence and sexual assault programs,
including shelters, rape crisis centers, support groups, mental health
services, safety planning, and legal advocacy, for older individuals and
encourage the use of hotels, hospitals, senior housing, nursing homes, or
other suitable facilities when appropriate as emergency short-term shelters
or are otherwise appropriate for older individuals who are the victims of
elder abuse, including domestic violence and sexual assault against older
individuals; and
`(14) promote research on legal, organizational, or training impediments
to providing services to older individuals through shelters and programs,
such as impediments to provision of the services in coordination with
delivery of health care or senior services.'.
SEC. 612. AUTHORIZATION OF APPROPRIATIONS.
(a) OMBUDSMAN PROGRAM- Section 702(a) of the Older Americans Act of 1965
(42 U.S.C. 3058a(a)) is amended to read as follows:
`(a) OMBUDSMAN PROGRAM- There are authorized to be appropriated to carry
out chapter 2 such sums as may be necessary without fiscal year
limitation.'.
(b) ELDER ABUSE PREVENTION PROGRAM- Section 702(b) of the Older Americans
Act of 1965 (42 U.S.C. 3058a(b)) is amended to read as follows:
`(b) PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION- There are
authorized to be appropriated to carry out chapter 3 such sums as may be
necessary without fiscal year limitation.'.
SEC. 613. COMMUNITY INITIATIVES AND OUTREACH.
Title VII of the Older Americans Act of 1965 (42 U.S.C. 3058 et seq.) is
amended--
(1) by redesignating subtitle C as subtitle D;
(2) by redesignating sections 761 through 764 as sections 771 through
774, respectively; and
(3) by inserting after subtitle B the following:
`Subtitle C--Community Initiatives and Outreach
`SEC. 761. COMMUNITY INITIATIVES TO COMBAT ELDER ABUSE, NEGLECT, AND
EXPLOITATION.
`(a) IN GENERAL- The Assistant Secretary shall make grants to nonprofit
private organizations or tribal organizations to support projects in local
communities involving diverse sectors of each community to coordinate
activities concerning intervention in and prevention of elder abuse, neglect,
and exploitation, including domestic violence and sexual assault against older
individuals.
`(b) AWARD REQUIREMENT- In awarding grants under subsection (a), the
Assistant Secretary shall take into consideration--
`(1) State and tribal efforts to carry out the activities described in
such subsection; and
`(2) encouraging coordination among the State and tribal efforts, State
adult protective service activities, and activities of private nonprofit
organizations.
`SEC. 762. OUTREACH TO OLDER INDIVIDUALS.
`(a) IN GENERAL- The Assistant Secretary shall make grants to develop and
implement outreach programs directed toward assisting older individuals who
are victims of elder abuse, neglect, and exploitation (including domestic
violence and sexual assault against older individuals), including programs
directed toward assisting the individuals in senior housing complexes, nursing
homes, board and care facilities, and senior centers.
`(b) AWARD REQUIREMENT- In awarding grants under subsection (a), the
Assistant Secretary shall take into consideration--
`(1) State and tribal efforts to develop and implement outreach programs
described in such subsection; and
`(2) encouraging coordination among the State and tribal efforts, State
adult protective service activities, and activities of private nonprofit
organizations.
`SEC. 763. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this subtitle such
sums as may be necessary without fiscal year limitation.'.
CHAPTER 4--PUBLIC HEALTH SERVICE ACT
SEC. 614. SHORT TITLE.
This chapter may be cited as the `Elder Abuse Identification and Referral
Act of 1999'.
SEC. 615. ESTABLISHMENT, FOR CERTAIN HEALTH PROFESSIONS PROGRAMS, OF
PROVISIONS REGARDING IDENTIFICATION AND REFERRAL FOR ELDER ABUSE AND
NEGLECT.
(a) TITLE VII PROGRAMS; PREFERENCES IN FINANCIAL AWARDS- Section 791 of
the Public Health Service Act (42 U.S.C. 295j), as amended in title III of
this Act, is amended by redesignating subsection (d) as subsection (e) and by
inserting after subsection (c) the following subsection:
`(d) PREFERENCES REGARDING TRAINING IN IDENTIFICATION AND REFERRAL OF
VICTIMS OF ELDER ABUSE AND NEGLECT-
`(1) IN GENERAL- In the case of a health professions entity specified in
paragraph (2), the Secretary shall, in making awards of grants or contracts
under this title, give preference to any such entity (if otherwise a
qualified applicant for the award involved) that has in effect the
requirement that, as a condition of receiving a degree or certificate (as
applicable) from the entity, each student have had significant training
(such as training conducted in accordance with curricula or programs
authorized under section 411(f) of the Older Americans Act of 1965 (42
U.S.C. 3031(f))), in carrying out the following functions as a provider of
health care:
`(A) Identifying victims of elder abuse and neglect, including
domestic violence and sexual assault against older individuals, and
maintaining complete medical records that include documentation of the
examination, treatment given, and referrals made, and recording the
location and nature of the victim's injuries.
`(B) Examining and treating such victims, within the scope of the
health professional's discipline, training, and practice, including, at a
minimum, providing medical advice regarding the dynamics and nature of
elder abuse and neglect, including domestic violence and sexual assault
against older individuals.
`(C) Referring the victims to public and nonprofit private entities
that provide services for such victims.
`(2) RELEVANT HEALTH PROFESSIONS ENTITIES- For purposes of paragraph
(1), a health professions entity specified in this paragraph is any entity
that is a school of medicine, a school of osteopathic medicine, a graduate
program in mental health practice, a school of nursing (as defined in
section 853), a program for the training of physician assistants, or a
program for the training of allied health professionals.
`(3) REPORT TO CONGRESS- Not later than 2 years after the date of the
enactment of the Elder Abuse Identification and Referral Act of 1999, the
Secretary shall submit to the Committee on Commerce of the House of
Representatives, and the Committee on Labor and Human Resources of the
Senate, a report specifying--
`(A) the health professions entities that are receiving preference
under paragraph (1);
`(B) the number of hours of training required by the entities for
purposes of such paragraph;
`(C) the extent of clinical experience so required; and
`(D) the types of courses through which the training is being
provided.
`(4) DEFINITIONS- In this subsection:
`(A) IN GENERAL- The terms `abuse', `neglect', `domestic violence',
and `older individual' have the meanings given the terms in section 102 of
the Older Americans Act of 1965 (42 U.S.C. 3002).
`(B) ELDER ABUSE AND NEGLECT- The term `elder abuse and neglect' means
abuse and neglect of an older individual.
`(C) SEXUAL ASSAULT- The term `sexual assault' has the meaning given
the term in section 2003 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg-2).'.
(b) CONFORMING AMENDMENT- Section 411(f) of the Older Americans Act of
1965 (as added by section 610) is amended by adding at the end the
following:
`(3) In carrying out paragraph (1), the Secretary shall provide
information about the curricula and training programs to entities described in
sections 791(c)(2) and 860(f)(2) of the Public Health Service Act (42 U.S.C.
295j(c)(2) and 298b-7(f)(2)) that seek grants or contracts under title VII or
VIII of such Act.'.
SEC. 616. AREA HEALTH EDUCATION CENTERS.
Subparagraphs (D) and (E) of section 746(d)(2) of the Public Health
Service Act (42 U.S.C. 293j(d)(2)) are each amended by inserting `, which may
include training in domestic violence, sexual assault, and elder abuse
screening and referral protocols' before the semicolon.
SEC. 617. GERIATRIC CENTERS AND TRAINING.
(a) GERIATRIC EDUCATION CENTERS- Section 777(a)(4) of the Public Health
Service Act (42 U.S.C. 294o(a)(4)) is amended by inserting `, including
training and retraining of faculty to provide instruction regarding
identification and treatment of older individuals who are the victims of
domestic violence, sexual assault, and elder abuse' before the semicolon.
(b) GERIATRIC TRAINING REGARDING PHYSICIANS AND DENTISTS- Section
777(b)(2)(D) of the Public Health Service Act (42 U.S.C. 294o(b)(2)(D)) is
amended--
(1) by striking `and exposure' and inserting `, exposure'; and
(2) by inserting `, and screening for elder abuse, and domestic violence
and sexual assault,' after `of elderly individuals'.
Subtitle B--Protections Against Violence and Abuse for Women With
Disabilities
SEC. 620. SHORT TITLE.
This subtitle may be cited as the `Protections Against Violence and Abuse
for Women With Disabilities Act'.
SEC. 621. FINDINGS.
The Congress finds that--
(1) women with disabilities are more likely to be the victims of abuse
and violence than women without disabilities because of their increased
physical, economic, social, or psychological dependence on others;
(2) in domestic violence cases, women with disabilities stay with their
batterers almost twice as long as women without disabilities;
(3) violence and abuse against women with disabilities takes many forms,
including verbal abuse, physical abuse, sexual assault, forced isolation,
control over economic resources, and the withholding of equipment,
medication, transportation, or personal care assistance;
(4) many women with disabilities fail to report abuse because they are
dependent on their abusers and fear being abandoned or
institutionalized;
(5) many women with disabilities are unable to leave abuse or violent
spouses or cohabitants because of the inaccessibility of services or the
fear of abandoning dependent children; and
(6) law enforcement, the criminal justice system, legal services, and
victim services are often not equipped or trained to effectively identify
and respond to abuse or violence against women with disabilities.
SEC. 622. OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968.
Section 2001(b) of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg(b)) is amended in paragraph (5) by striking `and domestic
violence;' and inserting `, domestic violence, and the forms of violence and
abuse particularly suffered by women with disabilities;'.
SEC. 623. FAMILY VIOLENCE PREVENTION AND SERVICES ACT.
Section 318(b)(2) of the Family Violence Prevention and Services Act (42
U.S.C. 10418(b)(2)) is amended--
(1) by striking `and' at the end of subparagraph (G);
(2) by redesignating subparagraph (H) as subparagraph (I); and
(3) by inserting after subparagraph (G) the following new
subparagraph:
`(H) groups that provide services to or advocate on behalf of persons
with disabilities; and'.
SEC. 624. VIOLENCE AGAINST WOMEN ACT.
(a) Section 40291(a) of the Safe Homes for Women Act of 1994 (42 U.S.C.
13961(a)) is amended--
(1) by inserting `and toward persons with disabilities,' after `language
minority communities'; and
(2) by inserting `(as defined in section 2003(7) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7))' after `needs
of underserved populations'.
(b) Section 40412 of the Equal Justice for Women in the Courts Act of 1994
(42 U.S.C. 13992) is amended--
(1) in paragraph (6), by inserting `, stereotyping of persons with
disabilities who are victims of rape, sexual assault, abuse, or violence'
after `racial stereotyping of rape victims';
(2) in paragraph (13), by inserting `or among persons with
disabilities,' after `socioeconomic groups,';
(3) by striking `and' at the end of paragraph (21) (as amended by title
I of this Act);
(4) by striking the period at the end of paragraph (22) (as amended by
title I of this Act); and
(5) by inserting after paragraph (22) the following:
`(23) issues related to violence and abuse against persons with
disabilities, including the nature of physical, mental, and communications
disabilities; the special vulnerability to violence of persons with
disabilities; and the types of violence and abuse experienced by persons
with disabilities;
`(24) the requirements placed on courts and judges under existing
disability laws, including the requirements to provide appropriate auxiliary
aids and services and to ensure physical access; and
`(25) the stereotypes regarding the fitness of persons with disabilities
to retain custody of children, especially in domestic violence
cases.'.
SEC. 625. TRAINING PROGRAMS FOR SOCIAL SERVICE AND HEALTH PROVIDERS.
(a) IN GENERAL- The Secretary of Health and Human Services may develop
curricula and implement training and continuing education programs for
protective services workers, health providers, social workers, clergy,
independent living center case workers, and other community-based
disability-related service providers to improve their ability to recognize and
address instances of domestic violence directed against women with
disabilities.
(b) AUTHORIZATION- There are authorized to be appropriated to carry out
the purposes of this section $10,000,000 for each of fiscal years 2000, 2001,
2002, 2003, and 2004.
SEC. 626. TRAINING FOR HEALTH PROFESSIONALS ON SCREENING FOR ABUSE OF WOMEN
WITH DISABILITIES.
(a) IN GENERAL- The Secretary of Health and Human Services may make grants
and enter into contracts to establish and carry out the training of health
professionals, including physicians, nurses, physician assistants, and nurse
practitioners, to ensure they will receive training in screening for abuse of
women with disabilities and instruction in appropriate actions when cases of
abuse are identified.
(b) AUTHORIZATION- There are authorized to be appropriated to be used to
award grants under this section $10,000,000 for each of fiscal years 2000,
2001, 2002, 2003, and 2004.
SEC. 627. RESEARCH ABOUT SEXUAL ABUSE AND VIOLENCE AGAINST WOMEN WITH
DISABILITIES.
In establishing research priorities under title VIII of this Act, the
Secretary shall consider the importance of research about the sexual assault
of, and violence against, women with disabilities.
SEC. 628. GRANTS FOR TECHNICAL ASSISTANCE.
(a) IN GENERAL- The Attorney General shall make grants to States,
nongovernmental private entities, and tribal organizations to provide
education and technical assistance for the purpose of providing training,
consultation, and information on violence, abuse, and sexual assault against
women who are individuals with disabilities (as defined in section 3 of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
(b) PRIORITIES- In making grants under this section, the Attorney General
shall give priority to applications designed to provide education and
technical assistance on--
(1) the nature, definition, and characteristics of violence, abuse, and
sexual assault experienced by women who are individuals with
disabilities;
(2) outreach activities to ensure that women who are individuals with
disabilities who are victims of violence, abuse, and sexual assault receive
appropriate assistance;
(3) the requirements of shelters and victim services organizations under
Federal anti-discrimination laws, including the Americans with Disabilities
Act of 1990 and section 504 of the Rehabilitation Act of 1973; and
(4) cost-effective ways that shelters and victim services may
accommodate the needs of individuals with disabilities in accordance with
the Americans with Disabilities Act of 1990.
(c) USES OF GRANTS- Each recipient of a grant under this section shall
provide information and training to national, State, local, and tribal
organizations and programs that provide services to individuals with
disabilities, including independent living centers, disability-related service
organizations, domestic violence programs providing shelter or related
assistance, rape crisis centers, and programs providing sexual assault
services, other victim services organizations, and women with disabilities.
(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated from the Violent Crime Reduction Trust Fund established under
section 310001 of the Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 14211) to carry out this section $10,000,000 for each of fiscal
years 2000 through 2004.
Subtitle C--Battered Immigrant Women
SEC. 630. FINDINGS AND PURPOSES.
(1) the goal of the immigration protections for battered immigrants
included in the Violence Against Women Act of 1994 was to remove immigration
laws as a barrier that kept battered immigrant women and children locked in
abusive relationships;
(2) providing battered immigrant women and children who were
experiencing domestic violence at home with protection against deportation
allows them to obtain protection orders against their abusers and frees them
to cooperate with law enforcement and prosecutors in criminal cases brought
against their abusers and the abusers of their children; and
(3) there are several groups of battered immigrant women and children
who do not have access to the immigration protections of the Violence
Against Women Act of 1994 which means that their abusers are virtually
immune from prosecution because their victims can be deported and the
Immigration and Naturalization Service cannot offer them protection no
matter how compelling their case under existing law.
The purposes of this subtitle are--
(1) to promote criminal prosecutions of all persons who commit acts of
battery or extreme cruelty against immigrant women and children;
(2) to offer protection against domestic violence occurring in family
and intimate relationships that are covered in State and tribal protection
orders, domestic violence, and family law statutes; and
(3) to correct erosions of Violence Against Women Act of 1994
immigration protections that occurred as a result of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 and the Balanced Budget Act
of 1997 without otherwise amending the effect of these laws on other
aliens.
SEC. 631. VAWA RESTORATION ACT
(a) SHORT TITLE- This subtitle may be cited as the `VAWA Restoration
Act'.
(b) REMOVING BARRIERS TO ADJUSTMENT OF STATUS FOR VICTIMS OF DOMESTIC
VIOLENCE-
(1) IMMIGRATION AMENDMENTS- Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended--
(A) in subsection (a), by inserting `of an alien who qualifies for
classification under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi),
(B)(ii), (B)(iii), or (B)(iv) of section 204(a)(1) or' after `The
status';
(B) in subsection (c)(2), by striking `201(b) or a special' and
inserting `201(b), an alien who qualifies for classification under
subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or
(B)(iv) of section 204(a)(1), or a special';
(C) in subsection (c)(4), by striking `201(b))' and inserting `201(b)
or an alien who qualifies for classification under subparagraph (A)(iii),
(A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section
204(a)(1))';
(D) in subsection (c)(5), by inserting `(other than an alien who
qualifies for classification under subparagraph (A)(iii), (A)(iv), (A)(v),
(A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 204(a)(1))' after `an
alien'; and
(E) in subsection (c)(8), by inserting `(other than an alien who
qualifies for classification under subparagraph (A)(iii), (A)(iv), (A)(v),
(A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 204(a)(1)' after `any
alien'.
(2) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to
applications for adjustment of status pending on or after the date of the
enactment of this subtitle.
(c) REMOVING BARRIERS TO CANCELLATION OF REMOVAL AND SUSPENSION OF
DEPORTATION FOR VICTIMS OF DOMESTIC VIOLENCE-
(1) SPECIAL RULE FOR CALCULATING CONTINUOUS PERIOD FOR BATTERED SPOUSE
OR CHILD- Paragraph (1) of section 240A(d) of the Immigration and
Nationality Act (8 U.S.C. 1229b(d)(1)) is amended to read as follows:
`(1) TERMINATION OF CONTINUOUS PERIOD-
`(A) IN GENERAL- Except as provided in subparagraph (B), for purposes
of this section, any period of continuous residence or continuous physical
presence in the United States shall be deemed to end when the alien is
served a notice to appear under section 239(a) or when the alien has
committed an offense that renders the alien inadmissible to the United
States under section 212(a)(2) or removable from the United States under
section 237(a)(2) or 237(a)(4), whichever is earliest.
`(B) SPECIAL RULE FOR BATTERED SPOUSE OR CHILD- For purposes of
subsection (b)(2), the service of a notice to appear referred
to in subparagraph (A) shall not be deemed to end any period of continuous
physical presence in the United States.'.
(2) EXEMPTION FROM ANNUAL LIMITATION ON CANCELLATION OF REMOVAL FOR
BATTERED SPOUSE OR CHILD- Section 240A(e)(3) of the Immigration and
Nationality Act (8 U.S.C. 1229b(e)(3)) is amended by adding at the end the
following:
`(C) REMOVAL CANCELLATION- Aliens whose removal is canceled under
subsection (b)(2).'.
(3) EFFECTIVE DATE- The amendments made by paragraphs (1) and (2) shall
take effect as if included in the enactment of section 304 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law
104-208, 110 Stat. 587).
(4) MODIFICATION OF CERTAIN TRANSITION RULES FOR BATTERED SPOUSE OR
CHILD-
(A) Subparagraph (C) of section 309(c)(5) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is
amended by amending the subparagraph heading to read as follows:
`(C) SPECIAL RULE FOR CERTAIN ALIENS GRANTED TEMPORARY PROTECTION FROM
DEPORTATION AND FOR BATTERED SPOUSES AND CHILDREN- '; and
(i) by striking, `or' at the end of subclause (IV);
(ii) by striking the period at the end of subclause (V) and
inserting `; or'; and
(iii) by adding at the end the following:
`(VI) is an alien who was issued an order to show cause or was in
deportation proceedings prior to April 1, 1997, and who applied for
suspension of deportation under section 244(a)(3) of the Immigration
and Nationality Act (as in effect before the date of the enactment of
this Act).'.
(5) EFFECTIVE DATE- The amendments made by paragraph (4) shall take
effect as if included in the enactment of section 309 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note).
(d) ELIMINATING TIME LIMITATIONS ON MOTIONS TO REOPEN REMOVAL AND
DEPORTATION PROCEEDINGS FOR VICTIMS OF DOMESTIC VIOLENCE-
(A) IN GENERAL- Section 240(c)(6)(C) of the Immigration and
Nationality Act (8 U.S.C. 1229a(c)(6)(C)) amended by adding at the end the
following:
`(iv) SPECIAL RULE FOR BATTERED SPOUSES AND CHILDREN- There is no
time limit on the filing of a motion to reopen, and the deadline
specified in subsection 240(b)(5)(C) does not apply, if the basis for
the motion is to apply for adjustment of status based on a petition
filed under clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A),
clause (ii), (iii), or (iv) of section 204(a)(1)(B), or section
240A(b)(2) and if the motion is accompanied by a cancellation of removal
application to be filed with the Attorney General or by a copy of the
self-petition that has been or will be filed with the Immigration and
Naturalization Service upon the granting of the motion to
reopen.
(B) EFFECTIVE DATE- The amendments made by subparagraph (A) shall take
effect as if included in the enactment of the amendments made by section
304 of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1229-1229c).
(2) DEPORTATION PROCEEDINGS-
(A) IN GENERAL- Notwithstanding any limitation imposed by law on
motions to reopen or rescind deportation proceedings under the Immigration
and Nationality Act (as in effect before the title III-A effective date in
section 309 of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1101 note)), there is no time limit on the filing of
a motion to reopen such proceedings, and the deadline specified in section
242B(c)(3) of the Immigration and Nationality Act (as so in effect) (8
U.S.C. 1252b(c)(3)) does not apply if the basis of the motion is to apply
for relief under clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A)
of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause
(ii), (iii), or (iv) of section 204(a)(1)(B) of such Act (8 U.S.C.
1154(a)(1)(B)), or section 244(a)(3)
of such Act (as so in effect) (8 U.S.C. 1254(a)(3)) and if the motion is
accompanied by a suspension of deportation application to be filed with the
Attorney General or by a copy of the self-petition that will be filed with the
Immigration and Naturalization Service upon the granting of the motion to
reopen.
(B) APPLICABILITY- Paragraph (1) shall apply to motions filed by
aliens who--
(i) are, or were, in deportation proceedings under the Immigration
and Nationality Act (as in effect before the title IIIA effective date
in section 309 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1101 note)); and
(ii) have become eligible to apply for relief under clause (iii),
(iv), (v), or (vi) of section 204(a)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii), (iii), or (iv) of
section 204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), or section
244(a)(3) of such Act (as in effect before the title III-A effective
date in section 309 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1101 note)) as a result of the
amendments made by--
(I) subtitle G of title IV of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1953 et seq.);
or
(II) section 627(c) of this subtitle.
SEC. 632. REMEDYING PROBLEMS WITH IMPLEMENTATION OF THE VIOLENCE AGAINST
WOMEN ACT'S IMMIGRATION PROVISIONS.
(a) EFFECT OF CHANGES IN ABUSERS' CITIZENSHIP STATUS ON SELF-PETITION-
(1) RECLASSIFICATION- Section 204(a)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding at the end the
following new clause:
`(vii) For the purposes of any petition filed under clause (iii), (iv),
(v), or (vi) of section 204(a)(1)(A), denaturalization, loss or renunciation,
or changes to the abuser's citizenship status after filing of the petition
shall not preclude the classification of the eligible self-petitioning spouse,
child, or son or daughter.'
(2) LOSS OF STATUS- Section 204(a)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1154(a) (1) (A)) is amended by adding at the end
the following new clause:
`(v)(I) For the purposes of petitions filed or approved under clauses
(ii), (iii), and (iv) of section 204(a)(1)(B), loss of lawful permanent
residence status by a spouse or parent after the filing of a petition under
that clause shall not adversely affect adjudication of the petition, and, for
an approved petition, shall not affect the alien's ability to adjust status
under section 245(a) or obtain status as a lawful permanent resident based on
the approved self-petition under clauses (ii), (iii), and (iv) of section
204(a)(1)(B).
`(II) Upon the lawful permanent resident spouse or parent becoming a
United States citizen through naturalization, acquisition of citizenship, or
other means, any petition filed with the Immigration and Naturalization
Service and pending or approved under clause (ii), (iii), or (iv) of section
204(a)(1)(B) shall be automatically reclassified as a petition filed under
section 204(a)(1)(A) of this Act even if the acquisition of citizenship occurs
after divorce or termination of parental rights.'.
(b) EXEMPTION FOR BATTERED IMMIGRANT WOMEN WHO ENTERED THE UNITED STATES
ON FIANCE VISAS FROM CONDITIONAL RESIDENCY STATUS REQUIREMENT-
(1) Section 245(d) of the Immigration and Nationality Act (8 U.S.C.
1255(d)) is amended by adding at the end the following: `This subsection
shall not apply to aliens who seek adjustment of status on the basis of an
approved self-petition under clause (iii), (iv), (v), or (vi) of section
204(a)(1)(A) or classification under clause (ii), (iii), or (iv) of section
204(a)(1)(B).'.
(c) GRANTING VAWA SELF-PETITIONERS ACCESS TO EVIDENCE THE IMMIGRATION AND
NATURALIZATION SERVICE HOLDS IN THE IMMIGRATION FILE OF AN ABUSIVE SPOUSE-
(1) FREEDOM OF INFORMATION- Section 552a(b) of title 5, United States
Code, is amended:
(A) at the end of paragraph (11) by striking `and';
(B) at the end of paragraph (12) by striking the period and inserting
`; and'; and
(C) by adding after paragraph (12) the following new
paragraph:
`(13) to the spouse, child, or son or daughter of a naturalized United
States citizen or lawful permanent resident who requests information from
the
Immigration and Naturalization Service regarding the immigration status of
their spouse or parent, or who needs to obtain documentation in the form of
official document or public records or copies thereof contained in the
immigration file of a spouse or parent for the purpose of obtaining immigration
relief or other domestic violence-related court or administrative remedies. This
subsection shall not apply to the file or records of a person who has presented
to the Immigration and Naturalization Service evidence in the form of a judicial
finding, administrative determination, or a police report demonstrating that the
naturalized citizen or lawful permanent resident has been battered or subjected
to extreme cruelty.'.
(d) REQUIRING PROSECUTOR COOPERATION WITH BATTERED IMMIGRANT VAWA
APPLICANTS-
(1) GRANTING ACCESS- Section 2101(c) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796hh(c)) is amended by inserting
before the period `, certify that their laws, policies, and practices do not
discourage or prohibit prosecutors and law enforcement officers from
granting access to information about the immigration status of a domestic
violence perpetrator to the victim, the child, son, or daughter or their
advocate so long as release of the information does not jeopardize ongoing
prosecution of the abuser'.
SEC. 633. WAIVERS AND EXCEPTIONS TO INADMISSIBILITY FOR OTHERWISE QUALIFIED
BATTERED IMMIGRANTS.
(1) DISCRETIONARY WAIVERS FOR CERTAIN INADMISSIBILITY AND REMOVAL
GROUNDS- Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182)
is amended by adding at the end the following:
`(r) WAIVER OF SECTION 212- The Attorney General, in the Attorney
General's discretion, may waive any provision of section 212 (other than
paragraphs (3), (10)(A), (10)(D), and (10)(E) of subsection (a)) for
humanitarian purposes, to assure family unity, or when it is otherwise in the
public interest except in the case of section 212(a)(2) or section
212(a)(6)(C) waivers, the alien must demonstrate a connection between the
crime or disqualifying act and battery or extreme cruelty for any alien who
qualifies for--
`(1) status under clause (iii), (iv), (v), or (vi) of section
204(a)(1)(A) or classification under clause (ii), (iii), or (iv) of section
204(a)(1)(B); or
`(2) relief under section 240A(b)(2) or 244(a)(3) (as in effect before
the enactment of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996).'.
(b) OFFERING EQUAL ACCESS TO VAWA IMMIGRATION PROTECTIONS FOR ALL
QUALIFIED BATTERED IMMIGRANT SELF-PETITIONERS-
(1) ELIMINATING CONNECTION BETWEEN BATTERY AND UNLAWFUL ENTRY- Section
212(a)(6)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182) is
amended by:
(A) striking subclause (III) and
(B) striking the comma at the end of subclause (I) and inserting `,
and'; and
(C) striking `; and' in subclause (II) and inserting a
period.
(2) ADDITIONAL WAIVERS- Section 212(a)(9)(A)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(9)(A)(iii)) is amended by adding at the
end the following: `Clauses (i) and (ii) shall also not apply to aliens to
whom the Attorney General has granted status under clause (iii), (iv), (v),
or (vi) of section 204(a)(1)(A) or classification under clause (ii), (iii),
or (iv) of section 204(a)(1)(B).'.
(3) EXCEPTION- Section 212(a)(9)(B)(iii)(IV) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)(IV)) is amended by striking
`if, `violation of the terms of the alien's nonimmigrant visa' were
substituted for `unlawful entry into the United States' in subclause (III)
of that paragraph'.
(4) ADDITIONAL WAIVERS- Section 212(a)(9)(C)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(9)(C)(ii)) is amended by adding at the end
the following: `Clause (i) shall also not apply to aliens to whom the
Attorney General has granted status under clause (iii), (iv), (v), or (vi)
of section 204(a)(1)(A) or classification under clause (ii), (iii), or (iv)
of section 204(a)(1)(B).'.
(5) WAIVER OF CERTAIN REMOVAL GROUNDS- Section 237(a)(2)(E) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(E)) is amended by
inserting at the end the following:
`(iii) WAIVER FOR VICTIMS OF DOMESTIC VIOLENCE- The Attorney General
may waive the application of clauses (i) and (ii)--
`(I) upon determination that--
`(aa) the alien was acting in self-defense;
`(bb) the alien was not the principal or primary perpetrator of
violence in the relationship;
`(cc) the alien was found to have violated a protection order
intended to protect the alien; or
`(dd) the alien committed the crime for which the alien was convicted
under duress from the person who subjected the alien to battering or extreme
cruelty; or
(II) for humanitarian purposes.'.
SEC. 634. CALCULATION OF PHYSICAL PRESENCE IN VAWA CANCELLATION OF REMOVAL
AND SUSPENSION OF DEPORTATION.
(a) CANCELLATION OF REMOVAL PROCEEDINGS- Section 240A(d)(2) of the
Immigration and Nationality Act (8 U.S.C. 1229b(d)(2)) is amended to read as
follows:
`(2) TREATMENT OF CERTAIN BREAKS IN PRESENCE- An alien shall be
considered to have failed to maintain continuous physical presence in the
United States under subsections (b)(1) and (b)(2) if the alien has departed
from the United States for any period in excess of 90 days or for periods in
the aggregate exceeding 180 days. In the case of an alien applying for
cancellation of removal under subsection (b)(2), the Attorney General may
waive the provisions of this subsection for humanitarian purposes, if the
alien demonstrates a substantial connection between the absences and the
battery or extreme cruelty forming the basis of the application for
cancellation of removal under section 240A(b)(2).'.
(b) SUSPENSION OF DEPORTATION PROCEEDINGS-
Section 244(a)(3) of the Immigration and Nationality Act (as in effect
before the title III-A effective date of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-625))
(8 U.S.C. 1254(a)(3)) is amended by adding at the end the following: `The
Attorney General may waive the physical presence requirement for humanitarian
purposes if the alien demonstrates a substantial connection between the
absences and the battery or extreme cruelty forming the basis of the
application for suspension of deportation.'.
SEC. 635. IMPROVED ACCESS TO VAWA IMMIGRATION PROTECTIONS FOR BATTERED
IMMIGRANT WOMEN.
(a) DEFINITION- Section 101(a) of the Immigration and Nationality Act (8
U.S.C. 1101(a)) is amended by adding at the end the following new
paragraph:
`(50) The term `intended spouse' means any alien who meets the criteria
set forth in section 204(j)(1)(B) or 204(k)(1)(B).'.
(b) ENSURING PROTECTION FOR ABUSED CHILDREN AND CHILDREN OF BATTERED
IMMIGRANTS- Section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(1)) is amended by striking `or' at the end of subparagraph (E), by
striking the period at the end of subparagraph (F) and inserting `; or', and
by adding at the end the following:
`(G) a child who turns 21 years old remains a child under this section
for the purposes of clauses (iii) and (iv) of section 204(a)(1)(A),
clauses (ii) and (iii) of section 204 (a)(1)(B), section 240A(b)(2), and
section 244(a)(3) (as in effect before the date of the enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996) if,
on the date a petition or application was filed by the child or their
parent under any of these sections the child--
`(i) met the definition of child in subparagraphs (A) through (F) of
this paragraph; and
`(ii) was under the age of 21 on the date the application or
petition was filed.'.
(c) IMMEDIATE RELATIVE STATUS FOR SELF-PETITIONERS MARRIED TO U.S.
CITIZENS-
(1) SELF-PETITIONING SPOUSES-
(A) BATTERY OR CRUELTY TO ALIEN OR ALIEN'S CHILD- Section
204(a)(1)(A)(iii) of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(A)(iii)) is amended to read as follows:
`(iii) An alien who is described in subsection (j) may file a petition
with the Attorney General under this clause for classification of the alien
(and any child of the alien as defined in section 101(b)(1)(G) if such a child
has not been classified under clause (iv) of section 201(b)(2)(A)(i)) if the
alien demonstrates to the Attorney General that--
`(I) the marriage or the intent to marry the United States citizen was
entered into in good faith by the alien; and
`(II) during the marriage or relationship intended by the alien to be
legally a marriage, the alien or a child of the alien has been battered or
has been the subject of extreme cruelty perpetrated by the alien's spouse or
intended spouse.'.
(B) DEFINITION- Section 204 of the Immigration and Nationality Act is
amended (8 U.S.C. 1154) by adding at the end the following:
`(j) DEFINITION- An alien described in subsection (a)(1)(A)(iii) is an
alien--
`(1)(A) who is the spouse of a citizen of the United States;
`(B)(i) who believed in good faith that he or she had married a citizen
of the United States;
`(ii) whose marriage to such citizen would otherwise meet the definition
of qualifying marriage under section 216(d)(1)(A)(i); and
`(iii) who otherwise meets any applicable requirements under this Act to
establish the existence of and bona fides of a marriage; but whose marriage
is not legitimate solely because of the bigamy of such citizen of the United
States; or
`(C) who was a bona fide spouse of a United States citizen within the
past two years (and who demonstrates a substantial connection between the
legal termination of the marriage and battering or extreme cruelty by the
United States citizen spouse;
`(2) who is a person of good moral character;
`(3) who is eligible to be classified as an immediate relative under
section 201(b)(2)(A)(i) or who would have been so classified but for the
bigamy of the citizen of the United States that the alien intended to marry;
and
`(4) who has resided with the alien's spouse or intended spouse.'.
(2) GUARANTEEING ACCESS TO VAWA RELIEF FOR BATTERED IMMIGRANTS BROUGHT
INTO THE UNITED STATES ON FIANCE VISAS- For aliens who entered the country
on fiance visas, failure to marry the sponsor or failure to marry the
sponsor within 90 days as required under section 101(a)(15)(K) (8 U.S.C.
1101(a)(15)(K)) shall not bar access to relief under this section to aliens
who otherwise qualify.
(3) SELF-PETITIONING CHILDREN- Section 204(a)(1)(A)(iv) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended to
read as follows:
`(iv) An alien who is the child of a citizen of the United States (as
defined in section 101(a)(1)(G)), who is a person of good moral character, who
is eligible to be classified as an immediate relative under section
201(b)(2)(A)(i), and who has resided with the citizen parent may file a
petition with the Attorney General under this subparagraph for classification
of the alien under such section if the alien demonstrates to the Attorney
General that the alien has been battered by or has been the subject of extreme
cruelty perpetrated by the alien's citizen parent. An alien child filing under
this section shall continue to be considered a child for purposes of this
section and section 245 if on the date of filing the child was under the age
of 21.'.
(4) SELF-PETITIONING PARENTS- Section 204(a)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(A)), as amended by section 632(a),
is amended by adding at the end the following:
`(v) An alien who is the parent of a citizen of the United States, who is
a person of good moral character, who is eligible to be classified as an
immediate relative under section 201(b)(2)(A)(i), and who has resided with
citizen daughter or son may file a petition with the Attorney General under
this subparagraph for classification of the alien under such section if the
alien demonstrates to the Attorney General that during the period of residence
with the citizen son or daughter the alien has been battered by or has been
the subject of extreme cruelty perpetrated by the alien's citizen son or
daughter.'.
(5) SELF-PETITIONING SON OR DAUGHTER- Section 204(a)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), as amended by
paragraph (4), is amended by adding at the end the following:
`(vi) An alien who is the son or daughter of a citizen of the United
States, who is a person of good moral character, who is eligible for
classification by reason of a relationship described in paragraph (1) of
section 203(a), and who resides or has resided in the past with the citizen
parent may file a petition with the Attorney General under this clause for
classification of the alien under such section if the alien demonstrates to
the Attorney General that during the period of residence with the citizen
parent the alien has been battered by, or has been the subject of extreme
cruelty perpetrated by, the alien's citizen parent.'.
(6) FILING OF PETITIONS- Section 204(a)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1154 (a)(1)(A)(iv)), as amended by paragraph (5),
is amended by adding at the end the following new clause:
`(vii) An alien who is the spouse, intended spouse, child, parent, son, or
daughter of a United States citizen abroad and who is eligible to file a
petition under this subsection shall file such petition with the Attorney
General under the procedures that apply to applicants under clauses (iii),
(iv), (v), and (vi) of this section.'.
(d) SECOND PREFERENCE IMMIGRATION STATUS FOR SELF-PETITIONERS MARRIED TO
LAWFUL PERMANENT RESIDENTS-
(1) SELF-PETITIONING SPOUSES- Section 204(a)(1)(B)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(ii)) is amended to
read as follows:
`(ii) An alien who is described in subsection (k) may file a petition with
the Attorney General under this clause for classification of the alien (and
any child of the alien as defined in section 101(b)(1)(G)) if such a child has
not been classified under clause (iii) of section 203(a)(2)(A) and if the
alien demonstrates to the Attorney General that--
`(I) the marriage or the intent to marry the lawful permanent resident
was entered into in good faith by the alien; and
`(II) during the marriage or relationship intended by the alien to be
legally a marriage, the alien or a child of the alien has been battered or
has been the subject of extreme cruelty perpetrated by the alien's spouse or
intended spouse.'.
(2) DEFINITION- Section 204 of the Immigration and Nationality Act (8
U.S.C. 1154), as amended by paragraph (3)(A)(ii), is amended by adding at
the end the following:
`(k) DEFINITION- An alien described in subsection (a)(1)(B)(ii) is an
alien--
`(1)(A) who is the spouse of a lawful permanent resident of the United
States; or
`(B)(i) who believed in good faith that he or she had married a lawful
permanent resident of the United States;
`(ii) whose marriage to such lawful permanent resident would otherwise
meet the definition of qualifying marriage under section 216(d)(1)(A)(i);
and
`(iii) who otherwise meets any applicable requirements under this Act to
establish the existence of and bona fides of a marriage; but whose marriage
is not legitimate solely because of the bigamy of such lawful permanent
resident of the United States; or
`(iv) who was a bona fide spouse of a United States citizen within the
past two years (and who demonstrates a substantial connection between the
legal termination of the marriage and battering or extreme cruelty by the
United States citizen spouse;
`(2) who is a person of good moral character;
`(3) who is eligible to be classified as a spouse of an alien lawfully
admitted for permanent residence under section 203(a)(2)(A) or who would
have been so classified but for the bigamy of the lawful permanent resident
of the United States that the alien intended to marry; and
`(4) who has resided in the United States with the alien's spouse or
intended spouse.'.
(3) SELF-PETITIONING CHILDREN- Section 204(a)(1)(B)(iii) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(iii)) is amended to
read as follows:
`(iii) An alien who is the child of an alien lawfully admitted for
permanent residence as defined in section 101(b)(1)(G), who is a person of
good moral character, who is eligible for classification under section
203(a)(2)(A), and who has resided with the alien's permanent resident alien
parent may file a petition with the Attorney General under this subparagraph
for classification of the alien under such section if the alien demonstrates
to the Attorney General that the alien has been battered by or has been the
subject of extreme cruelty perpetrated by the alien's permanent resident
parent. An alien child filing under this section shall continue to be
considered a child for purposes of this section and section 245 if on the date
of filing the child was under the age of 21.'.
(4) SELF-PETITIONING SON OR DAUGHTER- Section 204(a)(1)(B) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)), as amended by
section 632(a)(2), is amended by adding at the end the following:
`(vi) An alien who is the son or daughter of a citizen of the United
States, who is a person of good moral character, who is eligible for
classification by reason of a relationship described in paragraph (2) of
section 203(a), and who resides or has resided in the past with the citizen
parent may file a petition with the Attorney General under this clause for
classification of the alien under such section if the alien demonstrates to
the Attorney General that during the period of residence with the citizen
parent the alien has been battered by, or has been the subject of extreme
cruelty perpetrated by, the alien's citizen parent.'.
(5) FILING OF PETITIONS- Section 204(a)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(B)), as amended by paragraph (4), is
amended by adding at the end the following new clause:
`(vii) An alien who is the spouse, intended spouse, child, son, or
daughter of a lawful permanent resident living abroad is eligible to file a
petition under this subsection shall file such petition with the Attorney
General under the procedures that apply to applicants under section
204(a)(1)(B)(ii) and (iii).'.
(6) TREATMENT OF DERIVATIVES- Section 203(d) of the Immigration and
Nationality Act (8 U.S.C. 1153(d)) is amended by adding at the end the
following: `Alien sons and daughters included as children in self-petitions
filed under sections 204(a)(1)(A)(iii) and 204(a)(1)(B)(ii) shall be
entitled to the same status and the same order of consideration of
accompanying or following to join, as the self-petitioner.'.
SEC. 636. IMPROVED ACCESS TO VAWA CANCELLATION OF REMOVAL.
(a) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN
NONPERMANENT RESIDENTS- Section 240A(b)(2) of the Immigration and Nationality
Act (8 U.S.C. 1229b(b)(2)) is amended to read as follows:
`(2) SPECIAL RULE FOR BATTERED SPOUSE OR CHILD-
`(A) IN GENERAL- The Attorney General may cancel removal of, and adjust
to the status of an alien lawfully admitted for permanent residence, an
alien who is inadmissible or deportable from the United States if the alien
demonstrates that--
`(i) the alien has been battered or subjected to extreme cruelty in
the United States by a spouse, parent, son, or daughter who is a United
States citizen (or is the parent of a child of a United States citizen and
the child has been battered or subjected to extreme cruelty in the United
States by such citizen parent), or by a spouse or parent who is a lawful
permanent resident (or is the parent of a child of a lawful permanent
resident and the child has been battered or subjected to extreme cruelty
in the United States by such permanent resident parent), or by a United
States citizen or lawful permanent resident whom the alien intended to
marry, but whose marriage is not legitimate because of that United States
citizen's or lawful permanent resident's bigamy;
`(ii) the alien has been physically present in the United States for a
continuous period of not less than 3 years immediately preceding the date
of such application; the issuance of a charging document for removal
proceedings shall not toll the 3-year period of continuous physical
presence in the United States;
`(iii) the alien has been a person of good moral character during such
period; and
`(iv) the alien is not inadmissible under paragraph (2) or (3) of
section 212(a), is not deportable under paragraphs (1)(G) or (2) through
(4) of section 237(a), and has not been convicted of an aggravated felony,
unless the Attorney General waives application of this clause for
humanitarian purposes, to assure family unity or when it is otherwise in
the public interest.
In acting on applications under this paragraph, the Attorney General
shall consider any credible evidence relevant to the application. The
determination of what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the Attorney General. For
aliens who entered the country on fiance visas failure to marry the sponsor,
or failure to marry the sponsor within 90 days as required under section
101(a)(15)(K) shall not bar access to relief under this section to aliens
who otherwise qualify.
`(B) INCLUSION OF OTHER ALIENS IN PETITION- An alien applying for relief
under this section may include--
`(i) the alien's children, sons, or daughters in the alien's
application and, if the alien is found eligible for suspension or
cancellation, the Attorney General may adjust the status of the alien's
children, sons, daughters; or
`(ii) the alien's parent in the alien child's (as defined in section
101(b)(1)(G)) application in the case of an application filed by an alien
who was abused by a citizen or lawful permanent resident parent and, if
the alien child is found eligible for suspension or cancellation, the
Attorney General may adjust the status of both the alien child applicant
and the alien child's parent.
`(C) INCLUSION OF OTHER ALIENS IN PETITIONS- An alien applying for relief
under section 244(a)(3) (as in effect before the date of the enactment of
Illegal Immigration Reform and Immigrant Responsibility Act of 1996) may
include--
`(i) the alien's children, sons, or daughters in the alien child's
application and, if the alien is found eligible for suspension or
cancellation, the Attorney General may adjust the status of the alien's
children, sons, or daughters; or
`(ii) the alien's parent in the alien child's (as defined in section
101(b)(1)(G)) application in the case of an application filed by an alien
who was abused by a citizen or lawful permanent resident parent and, if the
alien child is found eligible for suspension or cancellation, the Attorney
General may adjust the status of both the alien child applicant and the
alien child's parent.'.
(b) EFFECTIVE DATE- The change in law represented by clause (ii) of
section 240A(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1229b(b)(2)) shall take effect as if included in the enactment of section 304
of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208 110 Stat. 587).
SEC. 637. GOOD MORAL CHARACTER DETERMINATIONS.
(a) DETERMINATIONS OF GOOD MORAL CHARACTER FOR SELF-PETITIONING IMMEDIATE
RELATIVES-
Section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(A)) is amended by adding at the end the following:
`(ix)(I) For the purposes of making good moral character determinations
under this subparagraph, the Attorney General is not limited by the criminal
court record and may waive the bar to issuing a finding of good moral
character in the case of an alien who otherwise qualifies for relief under
clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A), but who--
`(aa) has been convicted of, or who pled guilty to, violating a court
order issued to protect the alien;
`(bb) has been convicted of, or pled guilty to, prostitution if the
alien was forced into prostitution by an abuser;
`(cc) has been convicted of, or pled guilty to, committing a crime under
duress from the person who battered or subjected the alien to extreme
cruelty;
`(dd) has been convicted of, or pled guilty to, a domestic
violence-related crime, if the Attorney General determines that the alien
acted in self-defense; or
`(ee) has been convicted of, or pled guilty to, committing a crime where
there was a connection between the commission of the crime and having been
battered or subjected to extreme cruelty.
`(II) After finding that an alien has been battered or subjected to
extreme cruelty and is otherwise eligible for relief under clause (iii), (iv),
(v), or (vi) of section 204(a)(1)(A), the Attorney General may make a finding
of good moral character under section 101(f) with respect to the alien despite
the existence of any conviction listed in subclause (I) or any other
disqualifying act that is connected to the battery or extreme cruelty.'.
(b) DETERMINATIONS OF GOOD MORAL CHARACTER FOR SELF-PETITIONERS SEEKING
SECOND PREFERENCE IMMIGRATION STATUS- Section 204(a)(1)(B) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(B)), as amended by section
630(a)(4)(D), is amended by adding at the end the following:
`(vii)(I) For the purposes of making good moral character determinations
under this subparagraph, the Attorney General is not limited by the criminal
court record and may waive the bar to issuing a finding of good moral
character in the case of an alien who otherwise qualifies for relief under
clause (ii), (iii), or (iv) of section 204(a)(1)(B), but who--
`(aa) has been convicted of, or who pled guilty to, violating a court
order issued to protect the alien;
`(bb) has been convicted of, or pled guilty to, prostitution where the
alien was forced into prostitution by an abuser;
`(cc) has been convicted of, or pled guilty to, committing a crime under
duress from the person who battered or subjected the alien to extreme
cruelty;
`(dd) has been convicted of, or pled guilty to, a domestic
violence-related crime, if the Attorney General determines that the alien
acted in self-defense; or
`(ee) has been convicted of, or pled guilty to, committing a crime where
there was a connection between the commission of the crime and having been
battered or subjected to extreme cruelty.
`(II) After finding that an alien has been battered or subjected to
extreme cruelty and is otherwise eligible for relief under clauses (ii),
(iii), and (iv) of section 204(a)(1)(B), the Attorney General may in the
Attorney General's sole discretion make a finding of good moral character
despite the existence of any conviction listed in subclause (I) of this clause
or any other disqualifying criminal act that is connected to the battery or
extreme cruelty.'.
(c) DETERMINATIONS OF GOOD MORAL CHARACTER IN VAWA CANCELLATION OF REMOVAL
PROCEEDINGS- Section 240A(b)(2) of the Immigration and Nationality Act (8
U.S.C. 1229b(b)(2)), as amended by section 636(a), is amended by adding at the
end the following--
`(D) GOOD MORAL CHARACTER DETERMINATIONS- For the purposes of making
good moral character determinations under subsections (b)(2) and (b)(3)
the Attorney General is not limited by the criminal court record and may
make a finding of good moral character in the case of an alien who has
been battered or subjected to extreme cruelty but who--
`(i) has been convicted of, or who pled guilty to, violating a court
order is sued to protect the alien;
`(ii) has been convicted of, or pled guilty to, prostitution, if the
alien was forced into prostitution by an abuser;
`(iii) has been convicted of or pled guilty to committing a crime if
the alien committed the crime under duress from the person who battered
or subjected the alien to extreme cruelty;
`(iv) has been convicted of or pled guilty to a domestic
violence-related crime if the Attorney General determines that the alien
acted in self-defense; or
`(v) has been convicted of, or pled guilty to, committing a crime
where there was a connection between the commission of the crime and
having been battered or subjected to extreme cruelty.
`(E) EFFECT OF CRIMINAL ACT OR CONVICTION- After finding that an alien
has been battered or subject to extreme cruelty and is otherwise eligible
for relief under this paragraph, the Attorney General may make a finding
of good moral character with respect to the alien despite the existence of
any conviction listed in subparagraph (A) or any other disqualifying
criminal act that is connected to the battery or extreme
cruelty.'.
(d) DETERMINATIONS UNDER SUSPENSION OF DEPORTATION-
(1) IN GENERAL- For the purposes of making good moral character
determinations under section 244(a)(3) of the Immigration and Nationality
Act (as in effect before the enactment of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996) (8 U.S.C. 1254(a)(3)), the Attorney
General is not limited by the criminal court record and may make a finding
of good moral character in the case of an alien who has been battered or
subjected to extreme cruelty but who--
(A) has been convicted of, or who pled guilty to, violating a court
order issued to protect the alien;
(B) has been convicted of, or who pled guilty to, prostitution if the
alien was forced into prostitution by an abuser;
(C) has been convicted of, or pled guilty to committing, a crime under
duress from the person who battered or subjected the alien to extreme
cruelty;
(D) has been convicted of, or pled guilty to, a domestic
violence-related crime if the Attorney General determines that the alien
acted in self-defense; or
(E) has been convicted of, or pled guilty to, committing a crime where
there was a connection between the commission of the crime and having been
battered or subjected to extreme cruelty.
(2) EFFECT OF CRIMINAL ACT OR CONVICTION- After finding that an alien
has been battered or subjected to extreme cruelty and would otherwise
qualify for relief under this subsection, the Attorney General may in the
Attorney General's sole discretion make a finding of good moral character
with respect to the alien despite the existence of any conviction listed in
paragraph (1) or any other disqualifying criminal act or that is connected
to the battery or extreme cruelty.
SEC. 638. BATTERED IMMIGRANT WOMEN'S ECONOMIC SECURITY ACT.
(a) NONAPPLICABILITY OF SPECIAL RULES RELATING TO THE TREATMENT OF
NON-213a ALIENS- Section 408(f)(6) of the Social Security Act (42 U.S.C.
608(f)(6)) is amended--
(1) in subparagraph (B), by striking 'or' at the end;
(2) in subparagraph (C), by striking the period and inserting `; or';
and
(3) by adding at the end the following:
`(D) described in section 421 (f) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631(f)) but for the
fact that the individual is a non-213A alien.'.
(b) DISCRETIONARY FIRST TIME OFFENDER WAIVERS FOR ALIENS MAKING CHILD
SUPPORT PAYMENTS- Section 237(a)(2)(E) of the Immigration and Nationality Act
(8 U.S.C. 1227(a)(2)(E)), as amended by section 633(b)(7), is amended by
adding at the end the following:
`(iv) DISCRETIONARY WAIVER OF DEPORTATION GROUND FOR FIRST OFFENDERS
PAYING COURT ORDERED CHILD SUPPORT- At the sole and unreviewable
discretion of the Attorney General, the Attorney General may waive
deportability of an alien who is convicted under clause (i) or who is
found in violation of a protection order by a determination entered by a
court under clause (ii), if--
`(I) the conviction or finding was the alien's first conviction or
violation;
`(II) the alien is not otherwise deportable under this paragraph,
unless the alien has obtained a waiver available under the provisions
of this paragraph;
`(III) the waiver is requested by the person against whom the
domestic violence crime or protection order violation was
committed;
`(IV) the judge determines that granting the waiver will not
jeopardize the safety of the victim or her children;
`(V) any ongoing cohabitation with the abuse victim will not be in
violation of any court order; and
`(VI) the alien is paying adequate child support to the person
against whom the domestic violence crime or protection order violation
was committed and the alien--
`(aa) is separated from the person against whom the domestic violence
crime or the protection order violation was committed and who is subject to a
court order requiring him to pay child support for any children he has in common
with the person against whom he committed the crime of domestic violence or
protection order violation, and is current on all child support payments due
under such order or is in compliance with a court-approved payment plan;
or
`(bb) resides in the same household as the person against whom he
committed the crime of domestic violence or protection order violation and who
demonstrates to the immigration judge in the removal proceeding that the alien
has been and will continue to provide adequate, ongoing support for the victim
and any children in common, if the parties have children in common.
`(II) ADEQUATE SUPPORT DETERMINED UNDER APPLICABLE CHILD SUPPORT
GUIDELINES- For purposes of the determination of the adequacy of child
support provided under subclause (I)(bb), the immigration judge shall
refer to the child support guidelines of the jurisdiction in which the
parties reside.
`(vi) REINSTATEMENT OF DEPORTATION GROUNDS- Any person who obtains a
waiver under clause (iii) who thereafter is found by a court with
jurisdiction over the child support matter to have failed to make
court-ordered child support payments or failed to comply with a
court-approved payment plan is deportable and no further waiver is
available under clause (iii).'.
(c) MISREPRESENTATION WAIVERS FOR BATTERED SPOUSES OF UNITED STATES
CITIZENS AND LAWFUL PERMANENT RESIDENTS-
(1) WAIVER OF INADMISSIBILITY- Section 212(i) of the Immigration and
Nationality Act (8 U.S.C. 1182(i)) is amended in paragraph (1), by inserting
before the period at the end the following: `or in the case of an alien
granted classification under clause (iii), (iv), (v), or (vi) of section
204(a)(1)(A) or clause (ii), (iii), or (iv) of section 204(a)(1)(B), or who
qualifies for relief under section 240A(b)(2) or section 244(a)(3) (as in
effect before the date of enactment of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996), the alien demonstrates extreme
hardship to the alien or the alien's United States citizen or lawful
permanent resident or qualified alien parent, child, son, or daughter';
and
(2) WAIVER OF DEPORTABILITY- Section 237(a) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)) is amended--
(A) in paragraph (1)(H)--
(i) in clause (ii), by striking the period and inserting `; or';
and
(ii) by inserting after clause (ii) the following:
`(iii) is an alien who qualifies for classification under clause
(iii), (iv), (v), or (vi) of section 204(a)(1)(A) or clause (ii), (iii),
or (iv) of section 204(a)(1)(B), or who qualifies for relief under
section 240A(b)(2), or 244(a)(3) (as in effect before the date of
enactment of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996).'; and
(B) in paragraph (3)(D)--
(i) by inserting `(i) IN GENERAL- ' before `Any alien';
and
(ii) by adding at the end the following:
`(ii) WAIVER AUTHORIZED- The Attorney General may waive clause (i)
in the case of an alien who qualifies for classification under clause
(iii), (iv) (v), or (vi) of section 204(a)(1)(A) or clause (ii), (iii),
or (iv) of section 204(a)(1)(B), or who qualifies for relief under
section 240(A)(b)(2), or 244(a)(3) (as in effect before the date of
enactment of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996).'.
(d) PUBLIC CHARGE- Section 212(a)(4) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(4)) is amended by adding at the end the following:
`(E) EXCEPTION- The following aliens are not subject to public charge
determinations under this paragraph:
`(i) An alien who qualifies for classification as a spouse, parent,
child, son, or daughter of a United States citizen or lawful permanent
resident under clause (iii), (iv) (v), or (vi) of section 204(a)(1)(A)
or clause (ii), (iii), or (iv) of section 204(a)(1)(B).
`(ii) An alien who qualifies for classification as the spouse,
child, son, or daughter of a United States citizen or lawful permanent
resident under clause (i) or (ii) of section 204(a)(1)(A) or section
204(a)(1)(B)(i) and who has been battered or subjected to extreme
cruelty.
`(iii) Any derivatives or immediate relative children of aliens
under clause (i) or (ii) of this subparagraph.'.
(e) ACCESS TO NATURALIZATION FOR DIVORCED VICTIMS OF ABUSE- Section 319(a)
of the Immigration and Nationality Act (8 U.S.C. 1430(a)) is amended--
(1) by inserting `, or any person who obtained status as a lawful
permanent resident by reason of his or her status as a spouse, child, son,
or daughter of a United States citizen who battered him or her or subjected
him or her to extreme cruelty,' after `United States' the first place such
term appears; and
(2) by inserting `(except in the case of a person who obtained lawful
permanent residence because he or she was the spouse, child, son, or
daughter of a United States citizen who battered or subjected him or her to
extreme cruelty)' after `has been living in marital union with the citizen
spouse'.
(f) WORK AUTHORIZATION- The Attorney General may authorize an alien who
has properly filed an application for relief under clause (iii), (iv), (v), or
(vi) of section 204(a)(1)(A) or clause (ii), (iii), or (iv) of section
204(a)(1)(B) (8 U.S.C. 1154(a)(1)(B)), section 240A(b)(2) (8 U.S.C.
1229b(b)(2)), or section 244(c)(3) (8 U.S.C. 1254(c)(3)) (as in effect before
the date of enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996) of the Immigration and Nationality Act to engage
in employment in the United States during the pendency of such application and
may provide the alien with an employment authorized endorsement or other
appropriate document signifying authorization of employment. The Attorney
General shall authorize such employment in all cases in which an application
has been pending for a period exceeding 180 days and has not been denied.
(1) PETITIONS FOR CLASSIFICATION- Section 204(a)(1)(A)(iii)(I) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)(I)), as amended
by section 635(c), is amended by adding at the end the following:
`No fee shall be charged for the filing or processing of any application
under clause (iii), (iv) (v), or (vi) of section 204(a)(1)(A) or clause (ii),
(iii), or (iv) of subparagraph (B), or any application for work authorization
or renewal thereof where such applications formed the basis for the alien's
work authorization eligibility.'.
(2) CANCELLATIONS OF REMOVAL- Section 240A(b)(2) of the Immigration and
Nationality Act (8 U.S.C. 1229b), as amended by section 637(c), is amended
by adding at the end the following:
`No fee shall be charged for the filing or processing of any application
under this subsection or any application for work authorization or renewal
thereof, if the application forms the basis for the alien's work
authorization eligibility.'.
(3) SUSPENSION OF DEPORTATION- No fee shall be charged for the filing or
processing of any application under section 244(a)(3) of the Immigration and
Nationality Act (as in effect before the date of enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996) (8 U.S.C.
1254(a)(3)), or any application for work authorization or renewal thereof,
if the applications forms the basis for the alien's work authorization
eligibility.
(h) ACCESS TO FOOD STAMPS AND SSI FOR QUALIFIED BATTERED ALIENS- Section
402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding at the end the
following:
`(L) EXCEPTION FOR CERTAIN BATTERED ALIENS- With respect to
eligibility for benefits for the specified Federal program described in
paragraph (3), paragraph (1) shall not apply to any individual who has
been battered or subjected to extreme cruelty (as defined under guidance
issued by the Attorney General in accordance with section 431) in the
United States and is a qualified alien under section 431(c).'.
(i) ACCESS TO HOUSING FOR QUALIFIED IMMIGRANTS- Section 214 of the Housing
and Community Development Act of 1980 (42 U.S.C. 1436(a)) is amended by adding
at the end the following:
`(j) ELIGIBILITY FOR HOUSING ASSISTANCE FOR QUALIFIED BATTERED ALIENS-
Notwithstanding any other provision of this section--
`(1) the restrictions on use of assisted housing by aliens under this
section shall not apply to any--
`(A) qualified alien under subsection (b) or (c) of section 431 of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1986 (8
U.S.C. 1641); or
`(B) child included in the application for lawful immigration status
of an alien described in subparagraph (A); and
`(2) no private, government, or nonprofit organization providing shelter
or services to battered women or abused children receiving any Federal funds
shall deny, restrict, or condition assistance to any applicant based on
alienage.'.
(j) CLARIFYING WELFARE REPORTING REQUIREMENTS FOR BENEFIT APPLICANTS- The
Social Security Act (42 U.S.C. 301 et seq.) is amended--
(1) in section 411(a)(1)(A) (42 U.S.C. 611(a)(1)(A)), by adding after
clause (xviii) the following:
`Collection of information about, and inquiries into, the immigration
status of an individual who is a parent applying on behalf of his or her
child who is a United States citizen or a qualified alien (as defined in
section 431(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641(b)) for assistance under the
State program funded under this part, shall not be made if the individual
is not applying for benefits for themselves, whether or not the individual
is determined, under Federal or State law, to be part of a family unit
receiving assistance under that program.'; and
(2) in section 1631(e)(9) (42 U.S.C. 1383(e)(9)), by adding at the end
the following: `Collection of information about, and inquiries into, the
immigration status of an individual who is a parent applying on behalf of
his or her child who is a United States citizen or a qualified alien (as
defined in section 431(b) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b))) for benefits
under this title (or for benefits supplemented by a State with an agreement
under section 1616), shall not be made if the individual is not applying for
benefits for themselves, whether or not the individual is determined, under
Federal or State law, to be part of a family unit receiving such
benefits.'.
(k) CONFORMING DEFINITION OF `FAMILY' USED IN LAWS GRANTING WELFARE ACCESS
FOR BATTERED IMMIGRANTS TO STATE FAMILY LAW- Section 431(c) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1641(c)) is amended--
(1) in paragraph (1)(A), by striking `by a spouse or a parent, or by a
member of the spouse or parent's family residing in the same household as
the alien and the spouse or parent consented to, or acquiesced in, such
battery or cruelty,' and inserting `by a spouse, parent, son, or daughter,
or by any individual having a relationship with the alien covered by the
civil or criminal domestic violence statutes of the State or Indian country
where the alien resides, or the State or Indian country in which the alien,
the alien's child, or the alien child's parents received a protection order,
or by any individual against whom the alien could obtain a protection
order,'; and
(2) in paragraph (2)(A), by striking `by a spouse or parent of the alien
(without the active participation of the alien in the battery or cruelty),
or by a member of the spouse or parent's family residing in the same
household as the alien and the spouse or parent consented or acquiesced to
such battery or cruelty,' and inserting `by a spouse, parent, son or
daughter of the alien (without the active participation of the alien in the
battery or cruelty) or by any person having a relationship with the alien
covered by the civil or criminal domestic violence statutes of the State or
Indian country where the alien resides, or the State or Indian country in
which the alien, the alien's child or the alien child's parent received a
protection order, or by any individual against whom the alien could obtain a
protection order,'.
(l) ENSURING THAT BATTERED IMMIGRANTS HAVE ACCESS TO FOOD STAMPS AND
SSI-
(1) QUALIFYING QUARTERS- Section 435 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1645) is amended in
paragraph (2) by striking `and the alien remains married to such spouse or
such spouse is deceased' and inserting `if such spouse is deceased or if the
alien remains married to such spouse (except that qualified aliens covered
by section 431(c) may continue after divorce to count the qualifying
quarters worked by their spouse during the marriage)'.
(2) FOOD STAMPS ACCESS FOR BATTERED IMMIGRANT QUALIFIED ALIENS AND THEIR
CHILDREN- Section 741 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (42 U.S.C. 1751 note) is amended by adding at the
end the following:
`(c) FOOD STAMPS- Section 7 of the Food Stamp Act of 1977 (7 U.S.C. 2016)
is amended by adding at the end the following:
`(k) BATTERED IMMIGRANT QUALIFIED ALIEN ELIGIBILITY FOR FOOD STAMPS-
Qualified alien battered immigrants under subsection (c) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641)
and their children are eligible to receive food stamps.' '.
(3) CERTAIN BATTERED IMMIGRANT WOMEN AND CHILDREN- Section 403(b) of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1613(b)) is amended by adding at the end the following:
`(3) CERTAIN BATTERED IMMIGRANT WOMEN AND CHILDREN- Qualified alien
battered immigrants as defined in section 431(c)(1)(B).'.
(m) TECHNICAL CORRECTION TO QUALIFIED ALIEN DEFINITION FOR BATTERED
IMMIGRANTS-
(1) Clause (iii) of section 431(c)(1)(B) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)) is
amended by inserting `(as in effect before the date
of the enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996)' after `pursuant to section 244(a)(3) of such Act'
[NOTE: The phrase `pursuant...' does not appear in the law].
(2) Section 431(c)(1)(B) of such Act (8 U.S.C. 1641(c)(1)(B)) is amended
by adding at the end the following:
`(vi) cancellation of removal and adjustment of status pursuant to
section 240A(b)(2) of such Act;'
(3) Section 431(c)(2)(B) of such Act (8 U.S.C. 1641(c)(2)(B)) is amended
by striking `clause (ii) of subparagraph (A)' [NOTE: The material to be
struck is not in the law] and inserting `clause (i), (ii), (iii), (iv),
(v), or (vi) of paragraph (1)(A)'.
(v) of subparagraph (1)(B) of this subsection'.
SEC. 639. ACCESS TO LEGAL SERVICES CORPORATION FUNDS.
(a) STATUTORY CONSTRUCTION ON LEGAL ASSISTANCE FUNDS-
Section 502 of the Departments of Commerce, Justice, and State, the
Judiciary and Related Agencies Appropriations Act, 1998 (Public Law 105-119)
is amended by adding at the end the following:
`(c) This section shall not be construed to prohibit a recipient from--
`(1) using funds derived from a source other than the Legal Services
Corporation to provide related legal assistance (as that term is defined in
subsection (b)(2)) to any alien who has been battered or subjected to
extreme cruelty by a person with whom the alien has a relationship covered
by the domestic violence laws of the State in which the alien resides or in
which an incidence of violence occurred;
`(2) using Legal Services Corporation funds to provide related legal
assistance to any alien who has been battered or subjected to extreme
cruelty who qualifies for relief under clause (iii), (iv), (v), or (vi) of
section 204(a)(1)(A) or clause (ii), (iii), or (iv) of section 204(a)(1)(B)
of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)).'.
SEC. 640. VIOLENCE AGAINST WOMEN ACT TRAINING FOR INS OFFICERS, IMMIGRATION
JUDGES, AND CIVIL AND CRIMINAL COURT JUSTICE SYSTEM PERSONNEL.
(a) VIOLENCE AGAINST WOMEN-
(1) MILITARY TRAINING CONCERNING DOMESTIC VIOLENCE- The Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by
adding after section 2006 (42 U.S.C. 3796gg-5) the following new
section:
`SEC. 2007. MILITARY TRAINING CONCERNING DOMESTIC VIOLENCE.
`Each branch of the United States military is required to train its
supervisory military officers on domestic violence, the dynamics of domestic
violence in military families, the types of protection available for battered
immigrant women and children in the Violence Against Women Act, and the
problems of domestic violence in families in which a United States citizen or
lawful permanent resident member of the military is married to a non-United
States citizen.'.
(2) TECHNICAL- Section 2001(a) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3795gg(a)) is amended by inserting `the
Immigration and Naturalization Service and the Executive Office of
Immigration Review,' after `Indian tribal governments,'.
(3) TECHNICAL- Section 2001(b)(1) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg(b)(1)) is amended by inserting `,
immigration and asylum officers, immigration judges,' after `law enforcement
officers'.
[NOTE: Review the amendments made by section 102(C) which are
duplicative of this] (4) TRAINING- Section 2001(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)(1)) is
amended--
(A) at the end of paragraph (6) by striking `and';
(B) at the end of paragraph (7) by striking the period and inserting
`; and'; and
(C) by inserting after paragraph (7) the following new
paragraph:
`(8) training justice system personnel on the immigration provisions of
the Violence Against Women Act of 1994 and their ramifications for victims
of domestic violence appearing in civil and criminal court proceedings and
potential immigration consequences for the perpetrators of domestic
violence.'.
(b) POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES-
Section 287(g)(10) of the Immigration and Nationality Act (8 U.S.C.
1357(g)(10)) is amended by adding at the end the following: `It is the intent
of the Congress
that none of the provisions of this section have the effect of discouraging
crime victim cooperation with law enforcement and prosecutors. Public policy
favors encouraging prosecution of criminals and nothing in this section shall be
construed to discourage crime victims and domestic violence victims from
reporting crimes committed against them to police, from cooperating in criminal
prosecutions, or from obtaining from courts protection orders or other legal
relief needed to protect crime victims from ongoing violence under State or
Federal laws.'.
(c) REPORT- Not later than 6 months after the date of enactment of this
Act, the Attorney General shall submit a report to the Committees on the
Judiciary of the Senate and House of Representatives on--
(1) the number of and processing times of petitions under clauses (iii)
and (iv) of section 204(a)(1)(A) (8 U.S.C. 1154(a)(1)(A)) and clauses (ii)
and (iii) of section 204(a)(1)(B) (8 U.S.C. 1154(a)(1)(B)) at district
offices of the Immigration and Naturalization Service and at the regional
office of the Service in St. Albans, Vermont;
(2) the policy and procedures of the Immigration and Naturalization
Service by which an alien who has been battered or subjected to extreme
cruelty who is eligible for suspension of deportation or cancellation of
removal can place such alien in deportation or removal proceedings so that
such alien may apply for suspension of deportation or cancellation of
removal, the number of requests filed at each district office under this
policy and the number of these requests granted broken out by District;
and
(3) the average length of time at each Immigration and Naturalization
office between the date that an alien who has been subject to battering or
extreme cruelty eligible for suspension of deportation or cancellation of
removal requests to be placed in deportation or removal proceedings and the
date that immigrant appears before an immigration judge to file an
application for suspension of deportation or cancellation of removal.
SEC. 641. PROTECTION FOR CERTAIN VICTIMS OF CRIMES AGAINST WOMEN.
Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)) is amended by adding at the end the following:
`(M)(i) an immigrant who--
`(I) is a victim of one of the following crimes committed in the
United States: rape, torture, incest, battery or extreme cruelty, sexual
assault, female genital mutilation, forced prostitution, trafficking,
being held hostage, or any other violent crime where--
`(aa) the perpetrator has been arrested;
`(bb) the victim has filed a complaint, the complaint has been
investigated by a law enforcement agency that referred the case to a
prosecutor;
`(cc) a prosecutor has filed a case charging the
perpetrator;
`(dd) a Federal or State administrative agency has brought an
enforcement action against the perpetrator based upon actions that would
constitute a crime listed in section 101(a)(27)(v)(I); or
`(ee) a Federal or State court has made a judicial finding in a
civil or criminal case that actions that would constitute a crime listed
in section 101(a)(27(v)(I) occurred;
`(II) is a person of good moral character; and
`(III) can demonstrate that their deportation will cause extreme
hardship to themselves or their children or (in the case of an alien who
is a child) to the alien's parent; and
`(IV) who submits to the Attorney General certification from a Federal
or State law enforcement officer, prosecutor, judge or a Federal or State
administrative staff person responsible for bringing enforcement actions
that the alien is willing to cooperate and has cooperated in a criminal or
civil court action or Federal or State administrative agency enforcement
action. .
`(ii) For purposes of making good moral character determinations under
this subparagraph, the Attorney General is not limited by the criminal court
record and may waive the bar to issuing a finding of good moral character
under subsection (f) in the case of an immigrant who otherwise qualifies for
relief under clause (i) despite the existence of any disqualifying act or
criminal conviction.
`(iii) For the purposes of this section, trafficking consists of all
acts involved in the recruitment, transportation, or holding of persons
within or across borders, involving deception, coercion or force, abuse of
authority, debt bondage, or fraud for the purpose of placing persons in
situations of abuse or exploitation such as forced prostitution, battering
and extreme cruelty, sweatshop labor, or exploitative domestic
servitude.'.
(b) ADJUSTMENT OF STATUS FOR CERTAIN VICTIMS OF CRIMES- Section 245 of the
Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the
end the following:
`(l) SPECIAL IMMIGRANT UNDER SECTION 101(a)(27)(v)- In applying this
section to a special immigrant described in section 101(a)(27)(v)--
`(1) such an immigrant shall be deemed, for purposes of subsection (a),
to have been paroled into the United States; and
`(2) none of the provisions of subsection (c) shall apply with the
exception of subsections (c)(5) and (c)(6).'.
(c) CANCELLATION OF REMOVAL FOR CERTAIN VICTIMS OF CRIMES- Section 240A(b)
of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended by
redesignating paragraph (3) as paragraph (4) and inserting after paragraph (2)
the following:
`(3) SPECIAL RULE FOR CERTAIN VICTIMS OF CRIME- The Attorney General may
cancel removal of, and adjust to the status of an alien lawfully admitted
for permanent residence, an alien who--
`(A) is inadmissible or deportable from the United States;
`(B) meets the qualifications for designation as a special immigrant
as described in section 101(a)(27)(v);
`(C) has been physically present in the United States for a continuous
period of not less than 3 years immediately preceding the date of such
application;
`(D) the alien has been a person of good moral character during such
period;
`(E) the alien is not admissible under section 212(a)(3), is not
deportable under paragraph (1)(G), (3) or (4) of section 237(A) and has
not been convicted of an aggravated felony; and
`(F) the removal would result in extreme hardship to the alien, the
alien's child, or (in the case of an alien who is a child) to the alien's
parent.'.
Subtitle D--Conforming Amendments to the Violence Against Women
Act
SEC. 651. LAW ENFORCEMENT AND PROSECUTION GRANTS.
(a) Section 2001(b)(5) of the Omnibus Crime Control and Law Enforcement
Act of 1968 (42 U.S.C. 3796gg(b)(5)) is amended by striking `to racial,
cultural, ethnic, and language minorities' and inserting `to underserved
populations'.
(b) Section 2002(d)(1)(D) of the Omnibus Crime Control and Law Enforcement
Act of 1968 (42 U.S.C. 3796gg-1(d)(1)(D)) is amended to read as follows:
`(D) demographic characteristics of the populations to be served,
including marital status and the characteristics of any underserved
populations;'.
(c) Section 2003(7) of the Omnibus Crime Control and Law Enforcement Act
of 1968 (42 U.S.C. 3796gg-2(7)) is amended to read as follows:
`(7) the term `underserved populations' includes populations underserved
because of race, ethnicity, age, disability, sexual orientation, religion,
alienage status, geographic location (including rural isolation), language
barriers, and any other populations determined to be underserved by the
State planning process; and'.
(d) Section 2004(b)(3) of the Omnibus Crime Control and Law Enforcement
Act of 1968 (42 U.S.C. 3796gg-3(b)(3)) is amended by striking all that follows
`relationship of victim to offender' and inserting `and the membership of
persons served in any underserved populations; and'
SEC. 652. FAMILY VIOLENCE PREVENTION AND SERVICES ACT.
(a) Section 303(a)(2)(C) of the Family Violence Prevention and Services
Act (42 U.S.C. 10402(a)(2)(C)) is amended by striking `populations underserved
because of ethnic, racial, cultural, language diversity or geographic
isolation;' and inserting `populations underserved because of race, ethnicity,
age, disability, sexual orientation, religion, alienage status, geographic
location (including rural isolation), language barriers, and any other
populations determined to be underserved;'
(b) Section 311(a)(4) (42 U.S.C. 10410(a)(4)) of the Family Violence
Prevention and Services Act is amended by striking `underserved racial, ethnic
or language-minority populations' and inserting `underserved populations, as
that term is used in section 303(a)(2)(C)'.
(c) Section 316(e)(4) (42 U.S.C. 10416(e)(4)) is amended by striking all
that follows `to the provision of services' and inserting `to underserved
populations, as that term is used in section 303(a)(2)(C); and'.
TITLE VII--VIOLENCE AGAINST WOMEN AND THE WORKPLACE
SEC. 701. FINDINGS.
(1) victims and their families suffer from crime and its effects on a
daily basis;
(2) domestic crime against adults accounts for approximately 15 percent
of total crime costs in the United States each year;
(3) violence against women has been reported to be the leading cause of
physical injury to women, and it has a devastating impact on women's
physical and emotional health and financial security;
(4) the Department of Justice estimates that intimate partners commit
more than 1,000,000 violent crimes against women every year;
(5) American workers who have been victims of crime too often suffer
adverse consequences in the workplace as a result of their experiences as
crime victims;
(6) crime victims are particularly vulnerable to changes in employment,
pay, and benefits as a result of their victimizations, and are, therefore,
in need of legal protection;
(7) the prevalence of violence against women at work is dramatic:
homicide is the leading cause of death for women on the job; 8 percent of
all rapes occur in the workplace; women who are victims of violent workplace
crimes are twice as likely as men to know their attackers; husbands,
boyfriends, and ex-partners commit 15 percent of workplace homicides against
women; one study found that three-quarters of battered women who work were
harassed by telephone by their abuser at work;
(8) nearly 50 percent of rape victims lose their employment or are
forced to quit their jobs following the crime, and one quarter of battered
women surveyed have lost a job due in part to the effects of domestic
violence;
(9) the availability of economic support is a critical factor in
battered women's ability to leave abusive situations that threaten them and
their children, and over half of battered women surveyed stayed with their
batterers because they lacked resources to support themselves and their
children;
(10) according to the National Institute of Justice, crime costs an
estimated $450,000,000,000 annually in medical expenses, lost earnings,
social service costs, pain, suffering, and reduced quality of life for
victims, all of which harm our Nation's productivity and drain our Nation's
resources. Violent crime accounts for $426,000,000,000 of this amount;
(11) rape exacts the highest costs-per-victim of any criminal offense,
an estimated total of $127,000,000,000 per year, and recent governmental
estimates indicate that between 300,000 and 600,000 rapes and sexual
assaults occur annually in the United States;
(12) other violent offenses take unacceptably high tolls on the economy
as well, including assault ($93,000,000,000), murder ($71,000,000,000),
drunk driving (excluding fatalities) ($61,000,000,000), and child abuse
($56,000,000,000);
(13) violent crime results in wage losses equivalent to 1 percent of all
American earnings, causes 3 percent of the Nation's medical spending and 14
percent of injury-related medical spending;
(14) estimates show that employers pay between $3,000,000,000 and
$5,000,000,000 annually to cover the cost of crimes against employees and
their families;
(15) surveys of business executives and corporate security directors
also underscore the heavy toll that workplace violence takes on American
women, businesses, and interstate commerce;
(16) 94 percent of corporate security and safety directors at companies
nationwide rank domestic violence as a high-risk security problem;
(17) 49 percent of senior executives recently surveyed said domestic
violence has a harmful effect on their company's productivity, 47 percent
said domestic violence negatively affects attendance, and 44 percent said
domestic violence increases health care costs;
(18) only 12 States have enacted statutes forbidding employers from
taking adverse action against employees who have been victims of crime and
must participate in the criminal justice process during working hours, and
no State explicitly protects crime victims from other adverse action which
may result from their experiences and status as crime victims; and
(19) existing Federal law neither expressly authorizes battered women to
take leave from work to seek legal assistance and redress, counseling, or
assistance with safety planning activities nor does it protect crime victims
from retaliation, discharge, or other workplace penalties that may result
from their experiences and status as crime victims.
Subtitle A--National Clearinghouse on Domestic Violence and Sexual
Assault and the Workplace Grant
SEC. 711. NATIONAL CLEARINGHOUSE ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT AND
THE WORKPLACE GRANT.
(a) AUTHORITY- The Attorney General may make a grant in accordance with
this section to a private, nonprofit entity, tribal organization, or nonprofit
private organization that meets the requirements of subsection (b) in order to
provide for the establishment and operation of a national clearinghouse and
resource center to provide information and assistance to employers, labor
organizations, and domestic violence and sexual assault advocates in their
efforts to develop and implement appropriate responses to assist victims of
domestic violence and sexual assault.
(b) GRANTEES- Each applicant for a grant under subsection (a) shall submit
to the Attorney General an application, which shall--
(1) demonstrate that the applicant--
(A) has a nationally recognized expertise in the area of domestic
violence and sexual assault and a record of commitment and quality
responses to reduce domestic violence and sexual assault; and
(B) will provide matching funds from non-Federal sources in an amount
equal to not less than 10 percent of the total amount of the grant under
this section; and
(2) include a plan to maximize, to the extent practicable, outreach to
employers (including private companies, as well as public entities such as
universities and State and local governments) in developing and implementing
appropriate responses to assist employees who are victims of domestic
violence and sexual assault.
(c) USE OF GRANT AMOUNT- A grant under subsection (a) may be used for
staff salaries, travel expenses, equipment, printing, and other reasonable
expenses necessary to assemble, maintain, and disseminate to employers, labor
organizations, and domestic violence and sexual assault advocates information
on and appropriate responses to domestic violence and sexual assault,
including--
(1) training materials to promote a better understanding of appropriate
assistance to employee victims;
(2) conferences and other educational opportunities;
(3) model protocols and workplace policies;
(4) employer and union sponsored victim services and outreach
counseling; and
(5) assessments of the workplace costs of domestic violence and sexual
assault.
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $500,000 for each of fiscal years 2000
through 2004.
(e) For purposes of this section:
(1) DOMESTIC VIOLENCE- The term `domestic violence' includes acts or
threats of violence, not including acts of self defense, committed by a
current or former spouse of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabiting with or has
cohabited with the victim, by a person who is or has been in a continuing
social relationship of a romantic or intimate nature with the victim, by a
person similarly situated to a spouse of the victim under the domestic or
family violence laws of the jurisdiction, or by any other person against a
victim who is protected from that person's acts under the domestic or family
violence laws of the jurisdiction.
(2) SEXUAL ASSAULT- The term `sexual assault' means any conduct
proscribed by chapter 109A of title 18, United States Code, whether or not
the conduct occurs in the special maritime and territorial jurisdiction of
the United States or in a Federal prison and includes both assaults
committed by offenders who are strangers to the victim and assaults
committed by offenders who are known to the victim or related by blood or
marriage to the victim.
Subtitle B--Victims' Employment Rights
SEC. 721. SHORT TITLE.
This subtitle may be cited as the `Victims' Employment Rights Act'.
SEC. 722. PURPOSES.
The purposes of this subtitle are, pursuant to the affirmative power of
Congress to enact legislation under section 5 of the 14th amendment to the
Constitution and under the portion of section 8 of article I of the
Constitution relating to regulation of commerce among the several States--
(1) to promote the national interest in ensuring that victims and
survivors of domestic violence, sexual assault, and stalking can recover
from and cope with the effects of those crimes and participate in the
criminal and civil justice processes without fear of adverse economic
consequences from their employers;
(2) to minimize the negative impact on interstate commerce from
dislocations of employees and decreases in productivity that may arise when
employees are victimized by those crimes;
(3) to promote the purposes of the 14th amendment by addressing the
failure of existing laws to protect the employment rights of victims of
domestic violence, sexual assault, and stalking and by furthering the right
of domestic violence, sexual assault, and stalking victims to employment
free from discrimination; and
(4) to accomplish the purposes described in paragraphs (1), (2), and (3)
in a manner that accommodates the legitimate interests of employers and
protects the safety of all persons in the workplace.
SEC. 723. DEFINITIONS.
(A) IN GENERAL- The term `employee' means any person employed by an
employer. In the case of an individual employed by a public agency, such
term means an individual employed as described in section 3(e) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(e)).
(B) BASIS- The term includes a person employed as described in
subparagraph (A) on a full- or part-time basis, for a fixed time period,
on a temporary basis, pursuant to a detail, as an independent contractor,
or as a participant in a work assignment as a condition of receipt of
Federal or State income-based public assistance.
(2) EMPLOYER- The term `employer'--
(A) means any person engaged in commerce or in any industry or
activity affecting commerce who employs individuals; and
(B) includes any person acting directly or indirectly in the interest
of an employer in relation to an employee, and includes a public agency,
but does not include any labor organization (other than when acting as an
employer) or anyone acting in the capacity of officer or agent of such
labor organization.
(3) PERSON- The term `person' means an individual, partnership,
association, corporation, business trust, legal representative, or any
organized group of individuals.
(4) PUBLIC AGENCY- The term `public agency' has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C.
203).
SEC. 724. PROHIBITED DISCRIMINATORY ACTS.
An employer shall not fail to hire, refuse to hire, or discharge any
individual, or otherwise discriminate (including retaliation in any form or
manner) against any individual with respect to compensation, terms,
conditions, or privileges of employment because the individual--
(1) is or is perceived to be a victim of domestic violence, sexual
assault, or stalking;
(2) attended, participated in, prepared for, or requested leave to
attend, participate in, or prepare for a criminal or civil court proceeding
relating to an incident of domestic violence, sexual assault, or stalking of
which the employee was a victim;
(3) requested an adjustment to a job structure or workplace facility,
including a transfer, reassignment, or modified schedule, leave, a changed
telephone number or seating assignment, or installation of a lock or
implementation of a safety procedure, in response to actual or threatened
domestic violence, sexual assault, or stalking, regardless of whether the
request was granted; or
(4) because the actions of a person who the employee states has
committed or threatened to commit domestic violence, sexual assault, or
stalking against such employee or the employee's children has disrupted the
workplace.
SEC. 725. ENFORCEMENT.
(a) CIVIL ACTION BY EMPLOYEES-
(1) LIABILITY- Any employer who violates section 724 shall be liable to
any employee affected--
(A) for damages equal to the amount of wages, salary, employment
benefits (as defined in section 101 of the Family and Medical Leave Act of
1993 (29 U.S.C. 2611)), or any other compensation denied to or lost by
such employee by reason of the violation, and the interest on that amount
calculated at the prevailing rate;
(B) compensatory damages, including future pecuniary losses, emotional
pain, suffering, inconvenience, mental anguish, loss of enjoyment or life,
and other nonpecuniary losses;
(C) such punitive damages, up to 3 times the amount of actual damages
sustained, as the finder of fact shall determine to be appropriate;
and
(D) for such equitable relief as may be appropriate, including
employment, reinstatement, and promotion.
(2) RIGHT OF ACTION- An action to recover the damages or equitable
relief prescribed in paragraph (1) may be maintained against any employer
(including a public agency) in any Federal or State court of competent
jurisdiction by any one or more employees.
(b) ACTION BY DEPARTMENT OF JUSTICE- The Attorney General may bring a
civil action in any Federal or State court of competent jurisdiction to
recover the damages described in subsection (a)(1).
SEC. 726. ATTORNEY'S FEES.
Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended in
the last sentence, by inserting `the Victims' Employment Rights Act,' after
`title VI of the Civil Rights Act of 1964,'.
Subtitle C--Workplace Violence Against Women Prevention Tax
Credit
SEC. 731. SHORT TITLE.
This subtitle may be cited as the `Workplace Violence Against Women
Prevention Tax Credit Act'.
SEC. 732. CREDIT FOR COSTS TO EMPLOYERS OF IMPLEMENTING WORKPLACE SAFETY
PROGRAMS TO COMBAT VIOLENCE AGAINST WOMEN.
(a) IN GENERAL- Subpart D of part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following:
`SEC. 45D. WORKPLACE SAFETY PROGRAM CREDIT.
`(a) IN GENERAL- For purposes of section 38, the workplace safety program
credit determined under this section for the taxable year is, for any
employer, an amount equal to 40 percent of the violence against women safety
and education costs paid or incurred by such employer during the taxable
year.
`(b) DEFINITIONS- In this section--
`(1) VIOLENCE AGAINST WOMEN SAFETY AND EDUCATION COST-
`(A) IN GENERAL- The term `violence against women safety and education
cost' means any cost certified by the Attorney General to the Secretary as
being for the purpose of--
`(i) ensuring the safety of employees from violent crimes against
women,
`(ii) providing assistance to employees, their spouses, and
dependents of employees with respect to violent crimes against
women,
`(iii) providing legal or medical services to employees and the
spouses and dependents of employees subjected to, or at risk from,
violent crimes against women,
`(iv) educating employees about the issue of violent crimes against
women, or
`(v) implementing human resource or personnel policies initiated to
protect employees from violent crimes against women or to support
employees who have been victims of violent crimes against
women.
`(B) TYPES OF COSTS- Such term includes costs certified by the
Attorney General to the Secretary as being for the purpose of--
`(i) the hiring of new security personnel in order to address
violent crimes against women,
`(ii) the creation of buddy systems or escort systems for walking
employees to parking lots, parked cars, subway stations, or bus stops,
in order to address violent crimes against women,
`(iii) the purchase or installation of new security equipment,
including surveillance equipment, lighting fixtures, cardkey access
systems, and identification systems, in order to address violent crimes
against women,
`(iv) the establishment of an employee assistance line or other
employee assistance services in order to address violent crimes against
women, for the use of individual employees, including counseling or
referral services undertaken in consultation and coordination with
national, State, tribal, or local domestic violence and sexual assault
coalitions or programs,
`(v) the retention of an attorney to provide legal services to
employees seeking restraining orders or other legal recourse from
violent crimes against women,
`(vi) the establishment of medical services addressing the medical
needs of employees who are victims of violent crimes against
women,
`(vii) the retention of a financial expert or an accountant to
provide financial counseling to employees seeking to escape from violent
crimes against women,
`(viii) the establishment of an education program for employees,
consisting of seminars or training sessions about violent crimes against
women undertaken in consultation and coordination with national, State,
tribal, or local domestic violence and sexual assault coalitions or
programs,
`(ix) studies of the cost, impact, or extent of violent crimes
against women at the employer's place of business, if such studies are
made available to the public and protect the identity of employees
included in the study,
`(x) the publication of a regularly disseminated newsletter or other
regularly disseminated educational materials about violent crimes
against women,
`(xi) the implementation of leave policies for the purpose of
allowing or accommodating the needs of victims of violent crimes against
women to pursue legal redress against assailants, including leave from
work to attend meetings with attorneys, to give evidentiary statements
or depositions, and to attend hearings or trials in court,
`(xii) the implementation of flexible work policies for the purpose
of allowing or accommodating the needs of employees who are victims of
violent crimes against women, or employees at risk with respect to such
crimes, to avoid assailants,
`(xiii) the implementation of transfer policies for the purpose of
allowing or accommodating the needs of employees subjected to violent
crimes against women to change office locations within the company in
order to avoid assailants or to allow the transfer of an employee who
has perpetrated violent crimes against women in
order to protect the victim, including payment of costs for the transfer and
relocation of an employee to another city, county, State, or country for the
purpose of maintaining an employee's safety from violent crimes against women,
or
`(xiv) the provision of any of the services described in clauses
(iv) through (viii) to the spouses or dependents of
employees.
`(C) NOTIFICATION OF POSSIBLE TAX CONSEQUENCES- In no event shall any
cost for goods or services which may be included in the income of any
employee receiving or benefiting from such goods or services be treated as
a violence against women safety and education cost unless the employer
notifies the employee in writing of the possibility of such
inclusion.
`(2) VIOLENT CRIMES AGAINST WOMEN-
`(A) IN GENERAL- The term `violent crimes against women' includes
sexual assault and domestic violence.
`(B) DOMESTIC VIOLENCE- The term `domestic violence' includes acts or
threats of violence, not including acts of self defense, committed by a
current or former spouse of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabiting with or has
cohabited with the victim, by a person who is or has been in a continuing
social relationship of a romantic or intimate nature with the victim, by a
person similarly situated to a spouse of the victim under the domestic or
family violence laws of the jurisdiction, or by any other person against a
victim who is protected from that person's acts under the domestic or
family violence laws of the jurisdiction.
`(C) SEXUAL ASSAULT- The term `sexual assault' means any conduct
proscribed by chapter 109A of title 18, United States Code, whether or not
the conduct occurs in the special maritime and territorial jurisdiction of
the United States or in a Federal prison and includes both assaults
committed by offenders who are strangers to the victim and assaults
committed by offenders who are known to the victim or related by blood or
marriage to the victim.
`(3) EMPLOYEE AND EMPLOYER-
`(A) PARTNERS AND PARTNERSHIPS- The term `employee' includes a partner
and the term `employer' includes a partnership.
`(B) RELATED PERSONS- Persons shall be treated as related to each
other if such persons are treated as a single employer under subsection
(a) or (b) of section 52.
`(c) COORDINATION WITH OTHER PROVISIONS- No credit or deduction shall be
allowed under any other provision of this title for any amount for which a
credit is allowed under this section.'
(b) TREATMENT AS GENERAL BUSINESS CREDIT-
(1) IN GENERAL- Subsection (b) of section 38 of such Code (relating to
general business credit) is amended by striking `plus' at the end of
paragraph (11), by striking the period at the end of paragraph (12) and
inserting `, plus', and by adding at the end the following:
`(13) the workplace safety program credit determined under section
45D.'
(2) TRANSITIONAL RULE FOR CARRYBACKS- Subsection (d) of section 39 of
such Code (relating to transitional rules) is amended by adding at the end
the following:
`(9) NO CARRYBACK OF SECTION 45D CREDIT BEFORE EFFECTIVE DATE- No
portion of the unused business credit for any taxable year which is
attributable to the workplace safety program credit determined under section
45D may be carried back to a taxable year beginning on or before the date of
the enactment of section 45D.'
(3) DEDUCTION FOR UNUSED CREDITS- Subsection (c) of section 196 of such
Code (relating to deduction for certain unused business credits) is amended
by striking `and' at the end of paragraph (7), by striking the period at the
end of paragraph (8) and inserting `, and', and by adding at the end the
following:
`(9) the workplace safety program credit determined under section
45D.'
(c) CREDIT NOT A DEFENSE IN LEGAL ACTIONS- The allowance of a credit under
section 45D of the Internal Revenue Code of 1986 (as added by this subtitle)
shall not absolve employers of their responsibilities under any other law and
shall not be construed as a defense to any legal action (other than legal
action by the Secretary of the Treasury under such Code).
(d) CLERICAL AMENDMENT- The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at the end the
following:
`Sec. 45D. Workplace safety program credit.'
(e) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after the date of the enactment of this Act.
Subtitle D--Battered Women's Employment Protection
SEC. 741. SHORT TITLE.
This subtitle may be cited as the `Battered Women's Employment Protection
Act'.
SEC. 742. PURPOSES.
The purposes of this subtitle are, pursuant to the affirmative power of
Congress to enact legislation under section 5 of the 14th amendment to the
Constitution and under the portions of section 8 of article I of the
Constitution relating to providing for the general welfare and to regulation
of commerce among the several States--
(1) to promote the national interest in reducing domestic violence by
enabling victims of domestic violence to maintain the financial independence
necessary to leave abusive situations, to achieve safety and minimize the
physical and emotional injuries from domestic violence, and to reduce the
devastating economic consequences of domestic violence to employers and
employees, by--
(A) providing unemployment insurance for victims of domestic violence
who are forced to leave their employment as a result of domestic violence;
and
(B) entitling employed victims of domestic violence to take reasonable
leave under the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et
seq.) to seek medical help, legal assistance, counseling, and safety
planning and assistance without penalty from their employers;
(2) to promote the purposes of the 14th amendment by protecting the
civil and economic rights of victims of domestic violence and by furthering
the equal opportunity of women for employment and economic
self-sufficiency;
(3) to minimize the negative impact on interstate commerce from
dislocations of employees and harmful effects on productivity, health care
costs, and employer costs, caused by domestic violence; and
(4) to accomplish the purposes described in paragraphs (1), (2), and (3)
in a manner that accommodates the legitimate interests of employers.
SEC. 743. UNEMPLOYMENT COMPENSATION.
(a) UNEMPLOYMENT COMPENSATION- Section 3304 of the Internal Revenue Code
of 1986 is amended--
(A) by striking `and' at the end of paragraph (18);
(B) by striking the period at the end of paragraph (19) and inserting
`; and'; and
(C) by inserting after paragraph (19) the following:
`(20) compensation is to be provided where an individual is separated
from employment due to circumstances directly resulting from the
individual's experience of domestic violence.'; and
(2) by adding at the end the following:
`(1) IN GENERAL- For purposes of subsection (a)(20), an employee's
separation from employment shall be treated as due to circumstances directly
resulting from the individual's experience of domestic violence if the
separation resulted from--
`(A) the employee's reasonable fear of future domestic violence at or
en route to or from the employee's place of employment;
`(B) the employee's wish to relocate to another geographic area in
order to avoid future domestic violence against the employee or the
employee's family;
`(C) the employee's need to recover from traumatic stress resulting
from the employee's experience of domestic violence;
`(D) the employer's denial of the employee's request for the temporary
leave from employment authorized by section 102 of the Family and Medical
Leave Act of 1993 to address domestic violence and its effects;
or
`(E) any other circumstance in which domestic violence causes the
employee to reasonably believe that termination of employment is necessary
for the future safety of the employee or the employee's family.
`(2) REASONABLE EFFORTS TO RETAIN EMPLOYMENT- For purposes of subsection
(a)(20), if State law requires the employee to have made reasonable efforts
to retain employment as a condition for receiving unemployment compensation,
such requirement shall be met if the employee--
`(A) sought protection from, or assistance in responding to, domestic
violence, including calling the police or seeking legal, social work,
medical, clerical, or other assistance;
`(B) sought safety, including refuge in a shelter or temporary or
permanent relocation, whether or not the employee actually obtained such
refuge or accomplished such relocation; or
`(C) reasonably believed that options such as taking a leave of
absence, transferring jobs, or receiving an alternative work schedule
would not be sufficient to guarantee the employee or the employee's
family's safety.
`(3) ACTIVE SEARCH FOR EMPLOYMENT- For purposes of subsection (a)(20),
if State law requires the employee to actively search for employment after
separation from employment as a condition for receiving unemployment
compensation, such requirement shall be treated as met where the employee is
temporarily unable to actively search for employment because the employee is
engaged in seeking safety or relief for the employee or the employee's
family from domestic violence, including--
`(A) going into hiding or relocating or attempting to do so, including
activities associated with such hiding or relocation, such as seeking to
obtain sufficient shelter, food, schooling for children, or other
necessities of life for the employee or the employee's family;
`(B) actively pursuing legal protection or remedies, including meeting
with the police, going to court to make inquiries or file papers, meeting
with attorneys, or attending court proceedings; or
`(C) participating in psychological, social, or religious counseling
or support activities to assist the employee in coping with domestic
violence.
`(4) PROVISION OF INFORMATION TO MEET CERTAIN REQUIREMENTS- In
determining if an employee meets the requirements of paragraphs (1), (2),
and (3), the unemployment agency of the State in which an employee is
requesting unemployment compensation by reason of subsection (a)(20) may
require the employee to provide--
`(A) a written statement describing the domestic violence and its
effects;
`(B) documentation of the domestic violence, such as police or court
records, or documentation from a shelter worker or an employee of a
domestic violence program, an attorney, a clergy member, or a medical or
other professional from whom the employee has sought assistance in
addressing domestic violence and its effects; or
`(C) other corroborating evidence, such as a statement from any other
individual with knowledge of the circumstances which provide the basis for
the claim, or physical evidence of domestic violence, such as photographs,
torn or bloody clothes, or other damaged property.
All evidence of domestic violence experienced by an employee, including
an employee's statement, any corroborating evidence, and the fact that an
employee has applied for or inquired about unemployment compensation
available by reason of subsection (a)(20) shall be retained in the strictest
confidence of such State unemployment agency, except to the extent the
disclosure is requested, or consented to, by the employee for the purpose of
protecting the employee or the employee's family member's safety or
assisting in documenting domestic violence for a court or agency.'.
(b) SOCIAL SECURITY PERSONNEL TRAINING- Section 303(a) of the Social
Security Act (42 U.S.C. 503(a)) is amended by redesignating paragraphs (4)
through (10) as paragraphs (5) through (11), respectively, and by adding after
paragraph (3) the following:
`(4) Such methods of administration as will ensure that claims reviewers
and hearing personnel are adequately trained in the nature and dynamics of
domestic violence and in methods of ascertaining and keeping confidential
information about possible experiences of domestic violence, so that
employee separations stemming from domestic violence are reliably screened,
identified, and adjudicated, and full confidentiality is provided for the
employee's claim and submitted evidence.'.
(c) DEFINITIONS- Section 3306 of the Internal Revenue Code of 1986 is
amended by adding at the end the following:
`(u) DOMESTIC VIOLENCE- The term `domestic violence' has the meaning given
the term in section 2 of the Violence Against Women Act of 1999.'.
SEC. 744. ENTITLEMENT TO LEAVE FOR ADDRESSING DOMESTIC VIOLENCE FOR
NON-FEDERAL EMPLOYEES.
(a) DEFINITIONS- Section 101 of the Family and Medical Leave Act of 1993
(29 U.S.C. 2611) is amended by adding at the end the following:
`(14) ADDRESSING DOMESTIC VIOLENCE AND ITS EFFECTS- The term `addressing
domestic violence and its effects' means--
`(A) an inability to attend or perform work due to an incident of
domestic violence, including an act or threat of violence, stalking,
coercion, or harassment;
`(B) seeking medical attention for or recovering from injuries caused
by domestic violence;
`(C) seeking legal assistance or remedies, including communicating
with the police or an attorney, or participating in any legal proceeding,
related to domestic violence;
`(D) obtaining services from a domestic violence shelter or program or
rape crisis center;
`(E) obtaining psychological counseling related to experiences of
domestic violence;
`(F) participating in safety planning and other actions to increase
safety from future domestic violence, including temporary or permanent
relocation; and
`(G) participating in any other activity necessitated by domestic
violence that must be undertaken during the hours of employment
involved.
`(15) DOMESTIC VIOLENCE- The term `domestic violence' has the meaning
given the term in section 2 of the Violence Against Women Act of
1999.'.
(b) LEAVE REQUIREMENT- Section 102 of such Act (29 U.S.C. 2612) is
amended--
(1) in subsection (a)(1), by adding at the end the following:
`(E) In order to care for the son, daughter, or parent of the
employee, if such son, daughter, or parent is addressing domestic violence
and its effects.
`(F) Because the employee is addressing domestic violence and its
effects, which make the employee unable to perform the functions of the
position of such employee.';
(2) in subsection (b), by adding at the end the following:
`(3) DOMESTIC VIOLENCE- Leave under subparagraph (E) or (F) of
subsection (a)(1) may be taken by an eligible employee intermittently or on
a reduced leave schedule. The taking of leave intermittently or on a reduced
leave schedule pursuant to this paragraph shall not result in a reduction in
the total amount of leave to which the employee is entitled under subsection
(a) beyond the amount of leave actually taken.'; and
(3) in subsection (d)(2)(B), by striking `(C) or (D)' and inserting
`(C), (D), (E), or (F)'.
(c) CERTIFICATION- Section 103 of such Act (29 U.S.C. 2613) is
amended--
(1) in the title of the section, by inserting before the period the
following: `; confidentiality'; and
(2) by adding at the end the following:
`(f) DOMESTIC VIOLENCE- In determining if an employee meets the
requirements of subparagraph (E) or (F) of section 102(a)(1), the employer of
an employee may require the employee to provide--
`(1) a written statement describing the domestic violence and its
effects;
`(2) documentation of the domestic violence involved, such as a police
or court record, or documentation from a shelter worker, attorney, member of
the clergy, or medical or other professional from whom the employee has
sought assistance in addressing domestic violence and its effects; or
`(3) other corroborating evidence, such as a statement from any other
individual with knowledge of the circumstances that provide the basis for
the claim of domestic violence, or physical evidence of domestic violence,
such as a photograph, torn or bloody clothing, or any other damaged
property.
`(g) CONFIDENTIALITY- All evidence provided to the employer under
subsection (f) of domestic violence experienced by an employee or the son,
daughter, or parent of an employee, including a statement of an employee, any
other documentation or corroborating evidence, and the fact that an employee
has requested leave for the purpose of addressing, or caring for a son,
daughter, or parent who is addressing, domestic violence and its effects,
shall be retained in the strictest confidence by the employer, except to the
extent that disclosure is consented to, or requested by, the employee for the
purpose of--
`(1) protecting the safety of the employee or the employee's family
member or a coworker of the employee; or
`(2) assisting in documenting domestic violence for a court or
agency.'.
SEC. 745. ENTITLEMENT TO LEAVE FOR ADDRESSING DOMESTIC VIOLENCE FOR FEDERAL
EMPLOYEES.
(a) DEFINITIONS- Section 6381 of title 5, United States Code, is
amended--
(1) at the end of paragraph (5), by striking `and';
(2) in paragraph (6), by striking the period and inserting a semicolon;
and
(3) by adding at the end the following:
`(7) the term `addressing domestic violence and its effects'
means--
`(A) an inability to attend or perform work due to an incident of
domestic violence, including an act or threat of violence, stalking,
coercion, or harassment;
`(B) seeking medical attention for or recovering from injuries caused
by domestic violence;
`(C) seeking legal assistance or remedies, including communicating
with the police or an attorney, or participating in any legal proceeding,
related to domestic violence;
`(D) obtaining services from a domestic violence shelter or program or
rape crisis center;
`(E) obtaining psychological counseling related to experiences of
domestic violence;
`(F) participating in safety planning and other actions to increase
safety from future domestic violence, including temporary or permanent
relocation; and
`(G) participating in any other activity necessitated by domestic
violence that must be undertaken during the hours of employment involved;
and
`(8) the term `domestic violence' has the meaning given the term in
section 2 of the Violence Against Women Act of 1999.'.
(b) LEAVE REQUIREMENT- Section 6382 of title 5, United States Code, is
amended--
(1) in subsection (a)(1), by adding at the end the following:
`(E) In order to care for the son, daughter, or parent of the employee,
if such son, daughter, or parent is addressing domestic violence and its
effects.
`(F) Because the employee is addressing domestic violence and its
effects, which make the employee unable to perform the functions of the
position of such employee.';
(2) in subsection (b), by adding at the end the following:
`(3) DOMESTIC VIOLENCE- Leave under subparagraph (E) or (F) of
subsection (a)(1) may be taken by an employee intermittently or on a reduced
leave schedule. The taking of leave intermittently or on a reduced leave
schedule pursuant to this paragraph shall not result in a reduction in the
total amount of leave to which the employee is entitled under subsection (a)
beyond the amount of leave actually taken.'; and
(3) in subsection (d), by striking `(C), or (D)' and inserting `(C),
(D), (E), or (F)'.
(c) CERTIFICATION- Section 6383 of title 5, United States Code, is
amended--
(1) in the section heading, by adding at the end the following: `;
confidentiality'; and
(2) by adding at the end the following:
`(f) In determining if an employee meets the requirements of subparagraph
(E) or (F) of section 6382(a)(1), the employing agency of an employee may
require the employee to provide--
`(1) a written statement describing the domestic violence and its
effects;
`(2) documentation of the domestic violence involved, such as a police
or court record, or documentation from a shelter worker, attorney, member of
the clergy, or medical or other professional from whom the employee has
sought assistance in addressing domestic violence and its effects; or
`(3) other corroborating evidence, such as a statement from any other
individual with knowledge of the circumstances that provide the basis for
the claim of domestic violence, or physical evidence of domestic violence,
such as a photograph, torn or bloody clothing, or other damaged
property.
`(g) All evidence provided to the employing agency under subsection (f) of
domestic violence experienced by an employee or the son, daughter, or parent
of an employee, including a statement of an employee, any other documentation
or corroborating evidence, and the fact that an employee has requested leave
for the purpose of addressing, or caring for a son, daughter, or parent who is
addressing, domestic violence and its effects, shall be retained in the
strictest confidence by the employing agency, except to the extent that
disclosure is--
`(1) consented to by the employee for the purpose of protecting the
safety of the employee or a coworker of the employee; or
`(2) requested by the employee to document domestic violence for a court
or agency.'.
SEC. 746. EXISTING LEAVE USABLE FOR DOMESTIC VIOLENCE.
(a) DEFINITIONS- In this section:
(1) ADDRESSING DOMESTIC VIOLENCE AND ITS EFFECTS- The term `addressing
domestic violence and its effects' has the meaning given the term in section
101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611), as amended
by section 744(a).
(2) EMPLOYEE- The term `employee' means any person employed by an
employer. In the case of an individual employed by a public agency, such
term means an individual employed as described in section 3(e) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(e)).
(3) EMPLOYER- The term `employer'--
(A) means any person engaged in commerce or in any industry or
activity affecting commerce who employs individuals, if such person is
also subject to the Family and Medical Leave Act of 1993 (29 U.S.C. 2601
et seq.) or to any provision of a State or local law, collective
bargaining agreement, or employment benefits program or plan, addressing
paid or unpaid leave from employment (including family, medical, sick,
annual, personal, or similar leave); and
(B) includes any person acting directly or indirectly in the interest
of an employer in relation to any employee, and includes a public agency,
which is subject to a law, agreement, program, or plan described in
subparagraph (A), but does not include any labor organization (other than
when acting as an employer) or anyone acting in the capacity of officer or
agent of such labor organization.
(4) EMPLOYMENT BENEFITS- The term `employment benefits' has the meaning
given the term in section 101 of the Family and Medical Leave Act of 1993
(29 U.S.C. 2611).
(5) PARENT; SON OR DAUGHTER- The terms `parent' and `son or daughter'
have the meanings given the terms in section 101 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611).
(6) PUBLIC AGENCY- The term `public agency' has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C.
203).
(b) USE OF EXISTING LEAVE- An employee who is entitled to take paid or
unpaid leave (including family, medical, sick, annual, personal, or similar
leave) from employment, pursuant to State or local law, a collective
bargaining agreement, or an employment benefits program or plan, shall be
permitted to use such leave for the purpose of addressing domestic violence
and its effects, or for the purpose of caring for a son or daughter or parent
of the employee, if such son or daughter or parent is addressing domestic
violence and its effects.
(c) CERTIFICATION- In determining whether an employee qualifies to use
leave as described in subsection (b), an employer may require documentation of
domestic violence or corroborating evidence consistent with section 103(f) of
the Family and Medical Leave Act of 1993 (29 U.S.C. 2613(f)), as amended by
section 744(c).
(d) CONFIDENTIALITY- All evidence provided to the employer under
subsection (c) of domestic violence experienced by an employee or the son or
daughter or parent of the employee, including a statement of an employee, any
other documentation or corroborating evidence, and the fact that the employee
has requested leave for the purpose of addressing, or caring for a son or
daughter or parent who is addressing, domestic violence and its effects, shall
be retained in the strictest confidence by the employer, except to the extent
that disclosure is--
(1) consented to by the employee for the purpose of protecting the
safety of the employee or a coworker of the employee; or
(2) requested by the employee to assist in documenting domestic violence
for a court or agency.
(1) INTERFERENCE WITH RIGHTS-
(A) EXERCISE OF RIGHTS- It shall be unlawful for any employer to
interfere with, restrain, or deny the exercise of or the attempt to
exercise, any right provided under subsection (b).
(B) DISCRIMINATION- It shall be unlawful for any employer to discharge
or in any other manner discriminate against an individual for opposing any
practice made unlawful by subparagraph (A).
(2) INTERFERENCE WITH PROCEEDINGS OR INQUIRIES- It shall be unlawful for
any person to discharge or in any other manner discriminate against any
individual because such individual--
(A) has filed any charge, or had instituted or caused to be instituted
any proceeding, under or related to this section;
(B) has given, or is about to give, any information in connection with
any inquiry or proceeding relating to any right provided under subsection
(b); or
(C) has testified, or is about to testify, in any inquiry or
proceeding relating to any right provided under subsection (b).
(1) PUBLIC ENFORCEMENT- The Secretary of Labor shall have the powers set
forth in subsections (b), (c), (d), and (e) of section 107 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2617) for the purpose of public agency
enforcement of any alleged violation of subsection (e) against any
employer.
(2) PRIVATE ENFORCEMENT- The remedies and procedures set forth in
subsection (a) of section 107 of the Family and Medical Leave Act of 1993
shall be the remedies and procedures pursuant to which an employee may
initiate a legal action against an employer for alleged violations of
subsection (e).
(3) REFERENCES- For purposes of paragraph (1) and (2), references in
section 107 of the Family and Medical Leave Act of 1993 to section 105 of
such Act shall be considered to be references to subsection (e) of this
section.
(4) EMPLOYER LIABILITY UNDER OTHER LAWS- Nothing in this section shall
be construed to limit the liability of an employer to an employee for harm
suffered relating to the employee's experience of domestic violence pursuant
to any other Federal or State law, including a law providing for a legal
remedy.
SEC. 747. EFFECT ON OTHER LAWS AND EMPLOYMENT BENEFITS.
(a) MORE PROTECTIVE LAWS, AGREEMENTS, PROGRAMS, AND PLANS- Nothing in this
subtitle or the amendments made by this subtitle shall be construed to
supersede any provision of any Federal, State, or local law, collective
bargaining agreement, or other employment benefits program or plan that
provides greater unemployment compensation or leave benefits for employed
victims of domestic violence than the rights established under this subtitle
or such amendments.
(b) LESS PROTECTIVE LAWS, AGREEMENTS, PROGRAMS, AND PLANS- The rights
established for employees under this subtitle or the amendments made by this
subtitle shall not be diminished by any State or local law, collective
bargaining agreement, or employment benefits program or plan.
SEC. 748. EFFECTIVE DATE.
(a) GENERAL RULE- Except as provided in subsection (b), this subtitle and
the amendments made by this subtitle take effect 180 days after the date of
enactment of this Act.
(b) UNEMPLOYMENT COMPENSATION-
(1) IN GENERAL- Except as provided in paragraph (2), the amendments made
by section 743 shall apply in the case of compensation paid for weeks
beginning on or after the expiration of 180 days from the date of enactment
of this Act.
(2) MEETING OF STATE LEGISLATURE-
(A) IN GENERAL- If the Secretary of Labor identifies a State as
requiring a change to its statutes or regulations in order to comply with
the amendments made by section 743, the amendments made by section 743
shall apply in the case of compensation paid for weeks beginning after the
earlier of--
(i) the date the State changes its statutes or regulations in order
to comply with the amendments made by this section; or
(ii) the end of the first session of the State legislature which
begins after the date of enactment of this Act or which began prior to
such date and remained in session for at least 25 calendar days after
such date;
except that in no case shall the amendments made by this Act apply
before the date that is 180 days after the date of enactment of this
Act.
(B) SESSION DEFINED- In this paragraph, the term `session' means a
regular, special, budget, or other session of a State
legislature.
Subtitle E--Education and Training Grants To Promote Responses to
Violence Against Women
SEC. 751 EDUCATION AND TRAINING GRANTS TO PROMOTE APPROPRIATE RESPONSES TO
VIOLENCE AGAINST WOMEN.
(a) AUTHORITY- The Attorney General may make grants in accordance with
this section to public and private nonprofit nongovernmental entities
including tribally chartered organizations and nonprofit organizations
operating within the boundaries of an Indian reservation whose governing body
reflects the populations served that, in the determination of the Attorney
General, have--
(1) recognized expertise in the area of domestic violence and sexual
assault;
(2) a record of commitment and quality responses to reduce domestic
violence and sexual assault; and
(3) demonstrated collaboration and cooperation with groups or
individuals with recognized expertise in assisting individuals who are
eligible for the grants described in subsection (b).
(1) PURPOSE- Grants under subsection (a) shall be used for the purposes
of developing, testing, presenting, and disseminating model programs to
provide education and training to individuals likely to come into contact
with victims of domestic violence or sexual assault or the dependents of
domestic violence or sexual assault victims due to their employment
responsibilities, including--
(A) campus personnel, such as administrators, housing officers,
resident advisers, counselors, and others;
(B) caseworkers, supervisors, administrators, administrative law
judges, and other individuals administering Federal and State benefits
programs, such as child welfare and child protective services, Temporary
Assistance to Needy Families, social security disability, child support,
Medicaid, unemployment, workers' compensation, and similar
programs;
(C) justice system professionals, such as court personnel, guardians
ad litem and other individuals appointed to represent or evaluate
children, probation and parole officers, bail commissioners, judges,
immigration judges, immigration officers, and attorneys;
(D) mental and behavioral health professionals, such as psychologists,
psychiatrists, social workers, therapists, counselors, and
others;
(E) religious professionals and lay employees;
(F) professionals who regularly work with children such as child care
providers, both center and home-based, teachers, school administrators,
school counselors, and school health care professionals; and
(G) health care professionals, such as those from the fields of
medicine, osteopathy, and nursing, physicians' assistants, and allied
health professionals.
(2) PRIORITY- In awarding such grants, the Attorney General shall give
priority to the individual areas, professions, and personnel described in
subparagraphs (A) through (G) of paragraph (1) that are currently being
supported less extensively by other Federal, State, and private funding
sources, as well as those that address the needs of underserved populations
(as that term is defined in section 2003(7) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7) as amended by section
651(c)).
(3) TRIBAL ORGANIZATIONS ELIGIBILITY- Nothing shall preclude tribally
chartered organizations and nonprofit organizations located within the
boundaries of an Indian reservation from eligibility for grants under this
section.
(c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $5,000,000 each for domestic violence
and sexual assault programs for each of fiscal years 2000 through 2004.
(d) For purposes of this section:
(1) DOMESTIC VIOLENCE- The term `domestic violence' includes acts or
threats of violence, not including acts of self defense, committed by a
current or former spouse of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabiting with or has
cohabited with the victim, by a person who is or has been in a continuing
social relationship of a romantic or intimate nature with the victim, by a
person similarly situated to a spouse of the victim under the domestic or
family violence laws of the jurisdiction, or by any other person against a
victim who is protected from that person's acts under the domestic or family
violence laws of the jurisdiction.
(2) SEXUAL ASSAULT- The term `sexual assault' means any conduct
proscribed by chapter 109A of title 18, United States Code, whether or not
the conduct occurs in the special maritime and territorial jurisdiction of
the United States or in a Federal prison and includes both assaults
committed by offenders who are strangers to the victim and assaults
committed by offenders who are known to the victim or related by blood or
marriage to the victim.
Subtitle F--Workers' Compensation
SEC. 761. SENSE OF CONGRESS REGARDING WORKPLACE VIOLENCE AGAINST WOMEN AND
WORKERS' COMPENSATION.
(a) FINDINGS- Congress finds the following:
(1) Women are frequently denied legal redress to recover for losses that
have resulted from the workplace violence.
(2) Women are denied workers' compensation recovery if they are deemed
not to have suffered a physical injury after they are raped.
(3) In approximately half the States, interpretations of State workers'
compensation laws may preclude women from pursuing legal claims resulting
from workplace violence, for example, for an employer's negligence that
resulted in the violence, consequently recovery may be limited to the amount
permitted by workers' compensation statutes.
(4) Other States recognize that workplace violence against women,
including rapes and sexual assault, may fall within various exceptions to
State workers' compensation laws.
Affording victims of workplace violence against women access to legal
redress outside the workers' compensation system will assist women in
recovering from violent crimes, encourage employers to take all reasonable
preventive measures, and help improve the productivity and safety of American
workplaces.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) State workers' compensation laws should provide benefits to women
who are victims of workplace violence who are eligible for such benefits,
including full compensation for physical and nonphysical injuries; and
(2) State workers' compensation laws should also permit the employee to
pursue an action at law against an employer, other than statutory workers'
compensation benefits, based on the employer's role in the act of workplace
violence.
TITLE VIII--VIOLENCE AGAINST WOMEN INTERVENTION, PREVENTION, AND
EDUCATION RESEARCH
SEC. 801. VIOLENCE AGAINST WOMEN INTERVENTION, PREVENTION, AND EDUCATION
RESEARCH.
The Violence Against Women Act of 1994 (108 Stat. 1902), as amended by
section 603, is amended by adding at the end of that title the following:
`Subtitle I--Violence Against Women Intervention, Prevention, and
Education Research
`SEC. 40901. FINDINGS.
`(a) FINDINGS- Congress finds the following:
`(1) According to a Panel on Research on Violence Against Women convened
by the National Research Council in response to the mandates by of this
Act--
`(A) significant gaps exist in understanding the extent and causes of
violence against women and the impact and the effectiveness of education,
prevention, and intervention initiatives;
`(B) funding for research on violence against women is disbursed to
numerous Federal agencies with no mechanism through which to coordinate
these efforts or to link the Federal agencies with other federally
sponsored research initiatives; and
`(C) research on violence against women would benefit from an
infrastructure that supports interdisciplinary efforts and aids in
integrating these efforts into practice and policy.
`(2) Despite the increased funding to prevent and respond to violence
against women in underserved populations, few studies have examined
incidence and prevalence data from the perspective of racial, ethnic,
language, age, disability, and other underserved populations. Moreover,
little is known about the types of education, prevention, and intervention
strategies that are most effective in underserved populations.
`(3) Most studies currently focus on aspects of domestic violence
related to physical abuse. Few studies explore the harm caused by emotional
and psychological abuse and the appropriate intervention and preventions
strategies for victims experiencing this form of abuse.
`(4) Violence exposure as a risk factor for disease must be examined for
a range of diseases and diagnoses to better understand the correlation
between violence and disease, including the intervening variables.
`(5) Violence against women occurs within the context of a sociocultural
environment which must be studied in order to foster a greater understanding
of the factors that cause violence against women and allow it to persist, as
well as to provide a framework for developing and assessing education,
prevention, and intervention strategies to eradicate this epidemic form of
violence.
`SEC. 40902. MULTIAGENCY TASK FORCE.
`(a) PURPOSES- The Secretary of Health and Human Services and the Attorney
General, in consultation with national nonprofit, nongovernmental
organizations whose primary expertise is in domestic violence and sexual
assault, shall establish a multiagency task force to coordinate research on
violence against women. The task force shall be comprised of representatives
from all Federal agencies that fund such research.
`(b) USES OF FUNDS- Funds appropriated under this section shall be used
to--
`(1) develop a coordinated strategy to strengthen research focused on
violence against women education, prevention, and intervention
strategies;
`(2) track and report all Federal research and expenditures on violence
against women;
`(3) identify gaps in violence against women research and develop
criteria for all Federal agencies for evaluating research proposals, with
such criteria taking into account the individual context as well as the
broad social and cultural context of womens' lives; and
`(4) set priorities for research efforts that explore factors such as
race, ethnicity, socioeconomic status, geographic location, age, language,
sexual orientation, disability, and other factors that shape the context and
experience of violence in women's lives.
`(c) AUTHORIZATION OF APPROPRIATION- There are authorized to be
appropriated $500,000 for each of
the fiscal years 2000, 2001, and 2002 to fulfill the purposes of this
section.
`SEC. 40903. EDUCATION, PREVENTION, AND INTERVENTION RESEARCH GRANTS.
`(a) PURPOSES- The Department of Health and Human Services in consultation
with the Department of Justice shall make grants to entities, including
domestic violence and sexual assault organizations, research organizations,
tribal organizations, and academic institutions to support research to further
the understanding of the causes of violence against women and to evaluate
violence against women education, prevention, and intervention programs.
`(b) USE OF FUNDS- The research conducted under this section shall include
the following areas:
`(1) Longitudinal research to study the developmental trajectory of
violent behavior against women and the way such violence differs from other
violent behaviors.
`(2) An examination of the risk factors for sexual and intimate partner
violence for victims and perpetrators, such as poverty, childhood
victimization and other traumas.
`(3) An examination of the short- and long-term efforts of programs
designed to prevent sexual and intimate partner violence.
`(4) An examination of the risk factors, intervention strategies,
education, and prevention programs for sexual and intimate partner violence
in Indian country, including the availability, accessibility, and
effectiveness of education and prevention programs.
`(5) Outcome evaluations of interventions targeted at children and
teenagers.
`(6) An examination of and documentation of the processes and informal
strategies that women employ in attempting to manage and end the violence in
their lives.
`(7) The development, testing, and evaluation of the economic and health
benefits of effective methods of screening and service delivery at all
points of entry to the health care system, including mental health,
emergency medicine, primary care, obstetrics, gynecology, and pediatrics and
an assessment of the direct and indirect health care costs of domestic
violence.
`(c) AUTHORIZATION OF APPROPRIATIONS- There shall be authorized to be
appropriated $6,000,000 for each of the fiscal years 2000, 2001, and 2002.
`SEC. 40904. ADDRESSING GAPS IN RESEARCH.
`(a) PURPOSES- The Secretary of Health and Human Services, in conjunction
with the Attorney General, shall make grants to domestic violence and sexual
assault organizations, research organizations, tribal organizations, and
academic institutions for the purpose of expanding knowledge about violence
against women, with a particular emphasis on women in underserved populations
(as defined in section 2003(7) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg-2(7) as amended by section 651(c)).
`(b) USES OF FUNDS- Grants made under subsection (a) shall be used as
follows:
`(1) To develop national- and community-level survey studies to measure
the incidence and prevalence of violence against women in underserved
populations and the ways such women define and describe their experience of
violence.
`(2) To develop qualitative and quantitative research to understand how
factors such as race, ethnicity, socioeconomic status, age, language,
alienage, disability, and sexual orientation shape the context and
experience of violence in women's lives, as well as the education,
prevention, and intervention strategies available to women and girls to
combat such violence.
`(3) To develop qualitative and quantitative research to understand the
impact of domestic violence on the workplace, costs to employers, and the
effectiveness of workplace-based domestic violence prevention
programs.
`(4) To study the availability, accessibility, and effectiveness of
State and local legal remedies to victims of intimate partner violence
within the context of same sex intimate relationships.
`(5) To study violence against women in underserved populations as a
risk factor for diseases from a multivariate perspective.
`(6) To examine the dynamics of emotional and psychological abuse, its
prevalence, its effects on women, and the availability of education,
prevention, and intervention strategies to address this type of abuse.
`(7) To study the effectiveness of State and local legal remedies
available to victims of sexual assault and child sexual assault.
`(8) To study the use of nonjudicial alternative dispute resolution
(such as mediation, negotiation, conciliation, and restorative justice
models) in cases where domestic violence is a factor, and to compare
nonjudicial alternative dispute resolution and traditional judicial methods
based upon the following criteria: the quality of representation of the
victim, the training and competency of mediators and other facilitators, the
satisfaction of the parties, the outcome of the proceedings, and any other
relevant factors that may be identified.
`(9) To examine effective models that address domestic violence in child
protective services and child welfare agencies, with particular emphasis on
those models that document the scope of the problem, identify the risk of
harm that perpetrators of domestic violence pose to children and their
parents, and the best practices for addressing domestic violence in the
child welfare and child protection context.
`(10) The examination of the extent to which child care and other
supportive services are offered to children who are the victims of domestic
violence or the dependents of such victims by shelters, including surveying
shelters to determine the numbers of women and children served and the
extent to which shelter staff have training or contact with professionals in
fields of child development, collecting information on shelters that provide
on-site child care or have collaborative relationships with nearby child
care providers, and examining relationships between shelters and nearby
schools attended by children using shelter services.
`(11) Other such research as may be determined by the Task Force
established under section 40902 in consultation with domestic violence and
sexual assault advocates, coalitions, national experts, and
researchers.
`(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated $4,500,000 for each of fiscal years 2000, 2001, and 2002 to carry
out this section.
`SEC. 40905. SENTENCING STUDY.
`The United States Sentencing Commission shall study the following and
issue a report to Congress:
`(1) The sentences given to persons incarcerated in Federal and State
prison for assault or homicide in which the relationship of the inmate to
the victim was that of spouse, former spouse, or intimate partner.
`(2) The role of the use of illicit drugs and alcohol in sentencing
imposed for domestic violence offenses involving assault or homicide.
`(3) The extent to which acts of domestic violence, including coercion,
committed against a defendant, may have played a role in the commission of
the assault or homicide offense.
`(4) The role of race, ethnicity, socioeconomic status, gender,
geographic location, age, language, sexual orientation, disability, or any
other relevant factors that would enhance understanding of the
problem.
`(5) Recommendations that would provide for a downward adjustment in
applicable sentencing guidelines' determinations with respect to the
offenses described in this section.
`SEC. 40906. RESEARCH ON PREGNANCY AND SEXUAL ASSAULT.
`(a) PURPOSES- The Secretary of Health and Human Services, in conjunction
with the Attorney General, shall award grants to nonprofit, nongovernmental
entities, including sexual assault organizations, research organizations,
tribal organizations, and academic institutions, to gather qualitative and
quantitative data on the experiences of women and girls, within State and
tribal health care, judicial, and social services systems, whose pregnancy
resulted from a rape or sexual assault.
`(b) USE OF FUNDS- Research funded by a grant under subsection (a) shall
include the following issues:
`(1) The incidence and prevalence of pregnancy resulting from rape or
sexual assault, including the ages of the victim and perpetrator and the
relationship of the perpetrator to the victim (such as blood relation,
acquaintance, intimate partner, spouse, household member, etc.).
`(2) The degree to which State and tribal adoption, child custody,
visitation, child support, parental termination, and child welfare criminal
justice laws and policies serve the needs of women and girls whose pregnancy
resulted from a rape or sexual assault.
`(3) The impact of State and tribal social services rules, policies, and
procedures on women and girls whose pregnancy resulted from a rape or sexual
assault and the children born as a result of such rape or sexual assault.
Such rules, policies, and procedures shall include paternity establishment,
family cap, medicaid, and other health benefits.
`(4) The availability of public or private legal, medical, mental
health, counseling, financial, and
other forms of assistance to women and girls whose pregnancy resulted from a
rape or sexual assault and the children born as a result of such rape or sexual
assault, including the extent to which racial, ethnic, language, geographic,
alienage status, disability, sexual orientation, or socioeconomic barriers exist
in accessing assistance for such women and girls.
`(5) Recommendations for improvements in State and tribal health care,
judicial, and social services systems to address the needs of women and
girls whose pregnancy resulted from rape or sexual assault and the children
born as a result of such rape or sexual assault.
`(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section $500,000 for fiscal year 2000.
`SEC. 40907. STATUS REPORT ON LAWS REGARDING RAPE AND SEXUAL ASSAULT
OFFENSES.
`(a) STUDY- The Attorney General, in consultation with national, State,
tribal, and local domestic violence and sexual assault coalitions and
programs, including nationally and tribally recognized experts on sexual
assault, the judiciary, the legal profession, psychological associations, and
sex offender treatment providers, shall conduct a national study to examine
the status, implementation, and effectiveness of the laws with respect to rape
and sexual assault offenses in addressing such crimes and protecting the
victims of such crimes. The Attorney General may use the Bureau of Justice
Statistics, the National Institute of Justice, the Bureau of Indian Affairs,
and the Office for Victims of Crime in carrying out the purposes of this
section.
`(b) REPORT- Based on the study required under subsection (a), the
Attorney General shall prepare a report analyzing the uniformity of Federal,
State, and tribal rape and sexual assault laws, including sex offenses
committed against children, and the comparative effectiveness of such laws in
prosecuting the crimes of rape and sexual assault. The report shall
address--
`(1) the definitions of rape and sexual assault, and any exceptions,
including marital rape exceptions and any downgrading provisions;
`(2) the element of consent and coercive conduct, including
deceit;
`(3) the element of physical resistance and affirmative nonconsent as a
precondition for conviction;
`(4) the element of force, including penetration as an aggravating
factor and the use of coercion;
`(5) evidentiary matters, including--
`(A) inferences, including the timeliness of the complaint under the
Model Penal Code;
`(B) posttraumatic stress disorder (including rape trauma syndrome)
and the relevancy, scope, and admissibility of such evidence;
`(C) rape shield laws, including in camera evidentiary
determinations;
`(E) corroboration requirements and cautionary jury instructions;
and
`(F) the use of victim polygraphs, voice analysis, and other
truth-assessment devices;
`(6) the existence of special rules for rape and sexual assault
offenses;
`(8) sentencing, including--
`(B) presentence reports;
`(C) recidivism and remorse;
`(E) psychological injuries;
`(F) gravity of crime and trauma to victims; and
`(9) the personal or professional relationship between the perpetrator
and the victim; and
`(10) a law reform recommendation of the Attorney General in
consultation with national, State, tribal, and local domestic violence and
sexual assault coalitions and programs, including nationally and tribally
recognized experts on sexual assault as described in section 40907(a) to
foster uniformity among the Federal, State, and tribal jurisdictions to more
effectively address rape and sexual assault offenses while safeguarding due
process.
`(c) DEFINITION- For purposes of this section, the term `rape and sexual
assault offenses' includes carnal knowledge of a child, abduction with intent
to defile, indecent liberties, bestiality, forcible sodomy, sexual penetration
with an animate or inanimate object, forced sexual intercourse (labia majora
penetration or anus penetration), cunnilingus, fellatio, anallingus, anal
intercourse, sexual battery, aggravated sexual battery, and sexual abuse,
accomplished by use of force, threats, or intimidation.
`(d) FINDINGS- The Attorney General shall ensure that no later than 1 year
after the date of enactment of this subtitle, the study required under
subsection (a) is completed and a report describing the findings is submitted
to Congress.
`(e) AUTHORIZATION OF APPROPRIATION- There is authorized to be
appropriated $200,000 to carry out the study required by this section.
`SEC. 40908. RESEARCH CENTERS.
`The Secretary of Health and Human Services and the Attorney General shall
establish 3 research centers to support the development of research and
training programs which focus on violence against women, to provide mechanisms
for collaboration between researchers and practitioners, and to provide
technical assistance for integrating research into the provision of services.
Each Center shall be organized around a research area relevant to violence
against women, such as epidemiology, correlates, causes, and risk factors, and
prevention and intervention evaluation strategies. At least one of the centers
shall be established at an entity other than an academic institution. There
are authorized to be appropriated $3,000,000 for each of the fiscal years 2000
through 2002 to carry out this section.'.
END